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Revised  Ordinances 


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Lexington,  Ky. 


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LIBRARY 

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SEP  3 0 1915 


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-__-^=TH  E=~ 

REVISED  ORDINANCES 

OF  THE 


CITY  OF  LEXINGTON,  KY. 


Revised  and  Codified 

by 

Robert  c.  Rives 

TO 

MAY  1,  19  j 5 


PRESS  OF  TRANSYLVANIA  PRINTING  CO. 
LEXINGTON,  KY. 


Adopting  the  Revision  of  the  Ordinances  of  the  City  of  Lexington  of  a Public  Na- 
ture in  Force  the  First  Day  of  May,  1915. 

Whereas,  Robert  C.  Rives,  Esq.,  an  attorney  at  law,  of  the  Fayette  County 
Bar,  has,  by  direction  of  the  Board  of  Commissioners,  revised  the  ordinances  of 
the  City  of  Lexington,  of  a public  nature,  up  to  May  1,  1915  ; and, 

Whereas,  Said  revision,  together  with  the  index  thereto,  has  been  com- 
pleted ; therefore, 

Be  it  ordained  by  the  Board  of  Commissioners  of  the  City  of  Lexington : 
Sec.  1.  That  said  revision  of  the  ordinances  of  said  City  of  a public  na- 
ture be,  and  the  same  is  now  adopted  and  the  ordinances  set  forth  in  said  revision 
are  ordained  to  be  the  ordinances  of  said  City  of  a public  nature  in  force  upon 
the  first  day  of  May,  1915,  and  it  is  now  ordered  that  the  said  revision  be  pub- 
lished in  one  volume  entitled  “Revised  Ordinances  of  Lexington,  Kentucky.” 

Sec.  2.  This  ordinance  shall  take  effect  when  signed,  recorded  and  pub- 
lished as  required  by  law. 

Passed  by  Board  of  Commissioners  June  4,  1915. 

Attest:  J.  E.  CASSIDY, 

JAS.  J O’BRIEN,  City  Clerk.  Mayor. 


(NOTE — The  appendix  contains  4 ordinances,  viz. : No.  593,  creating  a 
Building  Inspector;  No.  621,  amending  Sec.  203,  concerning  “Automobile  li- 
censes” ; No.  662,  amending  Sec.  32,  concerning  “Board  of  Health,”  and  No.  607, 
“Plumbing  Code,”  passed  after  revision  had  gone  to  print. — Ed.) 


35?.  01  to 

b 

h/5 


Ordinances  of  tke  City  of  Lexington,  Ky. 


CHAPTER  i. 

ACCOUNTS! 

Sec.  i.  All  accounts  against  the  city  must  be  made  out  against  the  particu- 
lar fund  from  which  the  same  was  ordered,  setting  out  each  item  thereof,  and 
the  price  of  same,  and,  in  cases  of  supplies  furnished  the  city,  be  accompanied  by 
the  written  order  of  the  Mayor  upon  which  the  articles  were  furnished.  All  ac- 
counts must  be  presented  to  the  Auditor  before  the  last  day  of  each  month,  made 
out  as  above  required  accompanied  by  a written  statement  showing  to  whom  the 
same  was  furnished. 

Sec.  2.  The  account  of  the  official  newspaper  shall  be  made  out  in  the 
manner  and  form  required  by  the  preceding  section ; and,  in  addition  thereto, 
shall  be  accompanied  by  proof  slips  of  all  the  work  charged  for  in  said  account, 
and  a certificate  from  the  City  Clerk  that  said  work  was  ordered  by  him,  or  some 
other  person  having  authority  of  law  to  order  the  same,  and  that  the  work  has 
been  done  in  accordance  with  the  copy  furnished  and  in  a satisfactory  and  work- 
manlike manner,  and  the  prices  charged  for  each  item  of  said  account  is  the  price 
allowed  by  law. 

Sec.  3.  All  accounts  for  salaries  or  compensation  of  employees  shall  be 
accompanied  by  a certificate  from  the  head  of  the  department  to  which  said 
officer  or  employee  belongs.  And  in  case  of  the  Police  and  Fire  Departments,  in 
addition  to  the  certificate  of  the  Chief  of  Police  and  Chief  of  Fire  Department, 
the  Mayor  shall  endorse  the  same  as  correct. 

Sec.  4.  The  fifteenth  day  of  each  month  shall  be  the  regular  monthly  pay 
day  for  the  city  for  accounts  and  claims  presented  during  the  previous  month, 
audited  as  required  by  law,  and  approved  by  the  General  Council,  except  those 
of  the  street  hands.  If  the  fifteenth  day  of  the  month  shall  be  Sunday  or  a 
legal  holiday,  then  the  day  preceding  such  Sunday  or  legal  holiday  shall  be 
said  pay  day. 

Sec.  5.  It  shall  be  the  duty  of  the  Auditor  to  furnish  the  General  Council 
at  its  first  meeting  in  each  month  with  a list  of  all  accounts  for  claims  presented 
to  him  which  he  has  refused  to  audit,  together  with  a statement  in  writing  of  his 

reasons  for  so  refusing. 

Sec.  6.  All  moneys  collected  by  the  Treasurer,  Delinquent  Tax  Collector 
and  all  other  officers  authorized  by  law  to  collect  money  for  and  on  behalf  of  the 
City  of  Lexington,  shall  be  receipted  for  to  the  person  from  which  the  same  is 
received,  stating  the  amount  of  money  so  collected,  the  date  of  collection  and 
the  purpose  for  which  same  is  collected.  All  of  said  receipts  in 
addition  to  being  signed  by  the  collecting  officer,  shall  be  countersigned 
by  the  Auditor.  Said  receipts  shall  have  double  stubs,  one  to  be  re- 
tained by  the  officer  making  the  collection  and  the  other  taken  up  by  the  Auditor 
when  he  countersigns  the  receipt.  All  of  said  stubs  shall  be  kept  in  a bound  book 
and  preserved  as  public  records  of  the  City. 

Sec.  7.  All  payments  of  money  made  by  the  Treasurer  or  any  other  col- 
lecting officer  of  the  City  to  the  City  Depository  shall  be  made  through  the 

tfThe  provisions  of  this  chapter  except  Section  13  have  been,  in  some  particulars,  abrogated 

or  suspended  by  the  Commission  Form  Act,  and  by  ordinances  and  rules  subsequently 

adopted  by  the  Board  of  Commissioners.) 


321517 


4 


ACCOUNTS 


Ch.  i. 


Auditor’s  office,  and  the  Auditor  shall  keep  in  his  office  a receipt  book  for  such 
purpose.  The  Auditor  shall  issue  receipts  for  the  amount  paid  over  to  the  City, 
and  shall  take  from  the  Treasurer  a receipt  for  the  amounts  turned  over  to  the 
same.  Said  receipts  shall  be  serially  numbered  and  bound  in  a book  with  the 
double  receipts,  so  that  the  Auditor’s  receipts  can  be  torn  out  and  given  to  the 
proper  party  and  the  Treasurer’s  receipts  retained  in  the  bound  book  which  shall 
be  preserved  as  a public  record. 

Sec.  8.  The  Treasurer  shall,  on  the  first  day  of  each  month,  make  out  a 
correct  itemized  statement  of  all  moneys  received  by  him,  the  names  of  all 
persons  from  whom  the  same  was  received  and  the  date  of  said  receipt.  He  shall 
certify  to  the  correctness  of  same  and  cause  the  same  to  be  published  in  the 
official  newspaper  of  the  city. 

Sec.  9.  The  Auditor  shall  not  pay  any  claim  against  the  City  of  Lexing- 
ton until  he  ascertains  whether  the  person  or  persons  in  whose  favor  the  claim 
was  allowed  is  indebted  to  the  city  in  any  amount,  and  if  any  indebtedness  exists, 
it  shall  be  paid  to  the  Treasurer  and  his  receipts  shown  the  Auditor  before  he 
pays  the  claim  against  the  city. 

Sec.  10.  The  street  hands  shall  be  paid  weekly  on  Saturdays,  and  for  the 
purpose  of  doing  so  the  Superintendent  of  Public  Works  shall,  at  the  first 
regular  meeting  of  the  General  Council  in  each  month,  present  an  estimate  of  the 
amount  of  money  necessary  to  pay  said  street  hands  for  the  current  month ; and 
upon  the  appropriation  of  said  sum  it  shall  be  the  duty  of  the  City  Clerk  to  issue 
warrants  to  the  street  hands  for  the  amounts  respectively  due  them  at  the  end 
of  each  week ; Provided,  however,  that  claims  of  said  hands  shall  be  certified  to 
as  correct  by  the  Superintendent  of  Public  Works  and  approved  by  the  Mayor 
and  passed  on  by  the  Auditor.  It  shall  be  the  duty  of  the  Auditor  at  the  end  of 
each  month  to  prepare  and  submit  all  such  amounts  to  the  Joint  Committee  on 
Accounts  in  addition  to  entering  same  upon  the  regular  audited  list  of  monthly 
accounts. 

Sec.  11.  The  City  Clerk  is  authorized  and  empowered  whenever  the 
Mayor  shall  present  to  him  certified  as  correct  any  amount  for  telegraphing, 
postage,  express  charges,  freight  bills,  hire  of  labor,  or  other  claim  for  special 
services  to  the  city,  for  which  it  is  impracticable  to  wait  until  such  amount  shall 
take  its  regular  course,  to  issue  his  warrant  upon  the  Treasurer  for  the  same, 
provided  that  such  amounts  shall  not  exceed  in  the  aggregate  one  hundred  dollars 
in  any  one  month.  It  shall  be  the  duty  of  the  Auditor  at  the  end  of  each  month 
to  prepare  and  submit  all  such  amounts  to  the  Joint  Committee  on  Accounts,  in 
addition  to  entering  the  same  upon  the  regular  audited  list  of  monthly  accounts. 

Sec.  12.  The  Auditor  is  directed  to  require  of  all  officers  to  whom  fees, 
costs  or  commissions  are  paid  by  authority  of  general  law  to  furnish  an  itemized 
report  each  month,  under  oath  to  the  General  Council,  of  all  fees,  costs  or  com- 
missions collected  by  him  and  shall  have  paid  over  to  the  City  Treasurer,  such 
fees,  costs,  and  commissions  collected  by  him  or  have  given  to  the  General 
Council  satisfactory  reasons  for  a failure  to  collect  and  pay  over  to  the  City 
Treasurer  all  uncollected  fees,  costs  and  commissions. 

Sec.  13.  All  park  employees  other  than  the  superintendent  and  police- 
man, shall  be  paid  weekly  on  Saturdays,  and  for  the  purpose  of  doing  so  the 
Commissioner  of  Public  Property  shall,  after  having  said  pay  roll  certified  to  him 
as  correct,  draw  an  order  on  the  City  Clerk  for  the  amount  named,  whereupon 
the  City  Clerk  shall  issue  a warrant  on  the  Treasurer,  payable  to  the  Com- 
missioner of  Public  Property.  Receipts  shall  be  taken  for  the  various  amounts 
paid  park  employes  and  said  receipts  shall  be  filed  with  the  Auditor  on  the 
following  Monday. 


BOARD  OF  HEALTH 

CHAPTER  2. 

BOARD  OF  HEALTH 


5 


Sec.  14.  Organization.  1.  The  Mayor  of  the  City  of  Lexington  shall 
appoint  a Board  of  Health,  subject  to  the  approval  of  the  Board  of  Commis- 
sioners, under  the  provisions  of  section  2059  of  the  Kentucky  Statutes.  It  shall 
be  the  duty  of  such  Board  to  enforce  the  rules  and  regulations  of  the  State  Board 
of  Health,  and  to  enforce  all  ordinances  and  regulations  of  the  City  of  Lexing- 
ton pertaining  to  the  public  health  within  the  sanitary  limits  of  the  City  of 
Lexington,  and  assist  in  enforcing  all  of  the  pure  food  laws  of  the  State.  The 
Board  of  Health,  as  it  may  deem  necessary  or  advisable,  shall  make  recommen- 
dations to  the  Board  of  Commissioners  in  all  matters  respecting  the  health  and 
the  sanitary  conditions  of  the  City  of  Lexington. 

2.  The  Board  of  Health  shall  have  the  power  and  authority  to  examine 
into  all  nuisances,  sources  of  filth  and  causes  of  sickness  that  shall  be  found  to 
exist  within  the  corporate  limits  of  the  City  of  Lexington,  or  within  two  miles 
of  said  city  limits. 

3.  The  President  and  two  members  of  said  Board  of  Health  shall  act  as  a 
Committee  of  Public  Charities,  and  said  Committee  shall  prescribe  such  rules 
and  regulations  as  they  may  deem  proper  subject  to  the  approval  of  the  Board  of 
Commissioners  concerning  the  admission  and  care  of  patients  to  be  maintained 
by  City  appropriations  in  the  charitable  institutions  of  the  City.  And  said  Com- 
mittee shall  require  of  all  institutions  receiving  City  appropriations  a monthly 
report  setting  out  the  services  rendered  to  said.  City  patients. 

4.  The  Board  of  Health  shall  elect  one  of  their  number  as  President,  who 
shall  preside  at  all  meetings.  In  the  absence  of  the  President,  the  Board  shall 
elect  one  of  the  number  President  pro  tern. 

5.  The  Board  of  Idealth  shall,  within  ten  days  after  the  appointment  of 
its  members,  elect  a competent  physician,  subject  to  the  approval  of  the  Board  of 
Commissioners,  who  shall  be  Health  Officer  of  the  city,  and  who  shall  be  the 
executive  head  and,  ex-officio,  a member  of  the  Board.  (Kentucky  Statutes, 
Section  2059). 

6.  The  Board  shall  meet  for  the  transaction  of  business  at  least  once  in 
each  month,  and  as  often  as  necessary.  Special  meetings  may  be  called  by  the 
President,  the  Health  Officer,  or  three  members  of  the  Board.  Four  members 
present  shall  constitute  a quorum. 

7.  The  Board  of  Health  shall  make  such  orders  and  regulations  as  it  may 
deem  necessary  for  its  own  government,  subject  to  the  approval  of  the  Board  of 
Commissioners,  and  it  shall  have  the  power  to  discharge  any  official  of  the  Health 
Department  and  to  employ  his  successor,  subject  to  the  approval  of  the  Board  of 
Commissioners. 

8.  The  President  shall  appoint  such  standing  committees  as  the  needs 
may  require. 

9.  The  specific  duties  of  the  Board  of  Health  shall  be : 

(a)  The  prevention  and  abatement  or  suppression  of  nuisances. 

(b)  Supervision  of  the  collection  and  disposal  of  garbage  and  rubbish, 
and  control  of  the  collection  and  disposal  of  night  soil. 

(c)  Control  of  contagious  and  communicable  diseases. 

(d)  Preservation  and  classification  of  vital  statistics. 

(e)  The  supervision  of  the  water  and  food  supply  of  the  city  and  they 
shall  look  after  such  other  matters  pertaining  to  the  health  and  welfare  of  the 
city  as  they  may  deem  advisable. 


6 


BOARD  OF  HEALTH 


Ch.  2. 


io.  The  City  Clerk  shall  act  as  Secertary  for  the  Board,  and  shall  keep 
the  minutes  of  all  meetings  in  a minute  book,  which  shall  be  preserved  as  all 
other  records  of  the  City.  All  physicians  who  are  members  of  the  Board  of 
Health  of  the  City  of  Lexington,  Kentucky,  while  serving  as  such,  shall  be 
exempt  from  paying  the  licenses  to  practice  medicine  in  said  city. 

Sec.  15.  i.  Personnel.  (The  Health  Officer.)  (a)  Subject  to  the  approval 
of  the  Board  of  Commissioners  and  the  Board  of  Health,  the  Health 
Officer,  as  executive  head  of  the  Board,  shall  enforce  the  rules  and  regulations 
of  the  local  and  State  Boards  of  Health.  He  shall  direct  the  work  in  each  branch 
of  the  Department  to  the  end  of  securing  the  best  public  service.  He  shall, 
personally,  visit  the  market  house  and  private  markets,  stock  yards,  slaughter 
houses,  restaurants,  bakeries,  etc.,  to  keep  in  touch  with  actual  conditions,  that  he 
may  better  direct  the  work  of  the  inspectors.  He  shall  exact  a daily  report  from 
each  official  of  all  work  done  outside  of  the  office.  He  shall  make  special  in- 
vestigations as  to  the  general  sanitary  conditions,  and  he  shall  report  in  July  and 
January  upon  such  investigations,  the  same  to  include  housing  of  the  poor,  of- 
fensive trades,  pollutions  of  streams,  and  like  matters  of  sanitary  interest.  He 
shall  institute  prosecutions  under  direction  of  the  City  Attorney,  for  violation  of 
any  provision  of  the  sanitary  code. 

(b)  He  shall  have  supervision  of  the  laboratory  and  office  work. 

(c)  He  shall  obtain  and  keep  on  file  monthly  reports  from  the  Fayette 
County  Tuberculosis  Association  within  the  city,  from  the  crematory  contractor 
or  operator,  from  the  medical  inspector  of  schools,  from  the  charity  physician, 
and  he  shall  embody  all  reports  in  his  monthly  report  to  the  Board. 

(d)  He  shall,  subject  to  the  approval  of  the  Board  of  Commissioners, 
grant  or  refuse  to  grant  permits  to  establish  or  conduct  dairies,  restaurants, 
bakeries,  meat  shops,  or  any  other  business  involving  the  preparation  or  sale  of 
food. 

(e)  He  shall,  whenever  it  is  ascertained  that  any  nuisance  or  other  con- 
dition detrimental  to  the  public  health  exists  on  any  premises,  or  in  any  building 
or  other  place,  serve  written  notice  upon  the  owner,  occupant,  or  other  person 
in  charge  of  such  premises,  building  or  other  place,  to  abate  or  remove  said 
nuisance  or  condition  within  a reasonable  time,  such  time  to  be  stated  in  said 
notice,  and  upon  refusal  or  neglect  to  obey  notice,  he  shall  take  such  steps  as 
shall  be  provided  in  this  code  to  secure  the  enforcement  of  the  order. 

(f)  The  Health  Officer  shall,  at  the  direction  of  the  Board  of  Health 
subject  to  the  approval  of  the  Board  of  Commissioners,  revoke  any  permit  from 
any  person  who  has  failed  or  refused  to  comply  with  the  requirements  of  the 
provisions  of  the  sections  relating  to  the  performance  of  the  act  for  which  the 
permit  was  issued. 

(g)  It  shall  be  the  special  duty  of  the  Health  Officer  to  inspect  all  fish 
stands  in  the  city  three  times  per  week.  The  Health  Officer  shall  keep  and  file 
suitable  records  of  all  inspections  and  analyses  provided  for  in  this  code. 

(h)  The  Health  Officer  shall  visit  all  public  wards  of  the  hospitals  in 
the  city  once  in  each  month,  and  he  shall  note  in  each  : overcrowding,  food,  clean- 
liness, ventilation  and  attention,  and  he  shall  record,  report  and  file  such  notes. 
He  shall  visit  the  eruptive  (isolation)  hospital  once  in  each  month,  or  as  often 
as  shall  be  necessary,  and  he  shall  record,  report  and  file  his  notes  of  each  visit. 

(i)  The  Health  Officer  shall  make  monthly  report  to  the  Board  of  Health 
of  all  work  done  by  the  Health  Department. 

(j)  The  Health  Officer  shall  perform  all  other  acts  necessary  to  the 
proper  enforcement  of  the  several  sections  of  this  code. 


Ch.  2. 


BOARD  OF  HEALTH 


7 


2.  The  City  Chemist  and  Bacteriologist. — (a)  The  Board  of  Health  of 
the  City  of  Lexington  is  authorized  and  directed,  subject  to  the  approval  of  the 
Board  of  Commissioners,  to  select  and  employ  some  competent  and  reputable 
bacteriologist  and  chemist,  or,  it  may  divide  the  work  and  select  both  a bacter- 
iologist and  a chemist,  and  both  shall  be  fully  qualified  for  the  bacteriological 
and  chemical  examination  of  pathological  and  other  specimens  of  disease,  and  of 
water,  food  products,  and  other  products  requiring  bacteriological  and  chemical 
examination  in  connection  with  the  health  work. 

(b)  The  bacteriologist  and  chemist  provided  for  in  the  preceding  para- 
graph shall  maintain  an  office  in  a room  set  apart  for  said  purpose  in  either  the 
Good  Samaritan  or  St.  Joseph’s  Hospital. 

3.  Sanitary  Policemen. — (a)  Sanitary  Policemen  shall  be  selected  by 
the  Board,  subject  to  the  approval  of  Board  of  Commissioners,  from  persons  duly 
qualified  for  such  work. 

4.  Dairy,  Meat  and  Other  Food  Inspectors. — (a)  Dairy,  meat  and  other 
food  inspectors  shall  be  selected  by  the  Board,  subject  to  the  approval  of  the 
Board  of  Commissioners  from  persons  duly  qualified  for  such  work. 

5.  The  Charity  Physicians. — (a)  In  the  month  of  January  in  each  year 
the  Board  of  Health  shall  employ,  subject  to  the  approval  of  the  Board  of  Com- 
missioners, four  physicians  to  be  known  as  Charity  Physicians.  Said  employ- 
ment shall  be  for  the  period  of  one  year,  or  until  their  successors  are  appointed 
and  qualify.  Said  physician  may  be  removed  at  any  time  by  the  Board  of  Health, 
■subject  to  the  approval  of  the  Board  of  Commissioners.  Vacancies  shall  be  filled 
as  original  appointments  are  made. 

(b)  The  Board,  subject  to  the  approval  of  the  Board  of  Commissioners, 
may  select  one  or  more  physicians  to  attend  smallpox  cases,  the  same  to  be  paid 
out  of  the  epidemic  fund. 

(c)  The  charity  physicians  shall  vaccinate  against  smallpox,  all  indigent 
persons  applying  to  them  for  such  service.  The  Health  Officer  shall  supply  the 
vaccine  needed. 

(d)  It  shall  be  the  duty  of  the  City  Physicians  to  render  medical  atten- 
tion to  all  charity  patients  of  the  City  of  Lexington  other  than  those  in  the 
hospital.  All  calls  for  services  for  such  physicians  shall  be  made  through  the 
office  of  the  Associated  Charities  of  the  City  of  Lexington,  which  office  will 
apportion  duties  for  attending  city  cases  as  nearly  as  possible  among  the  four 
physicians.  It  shall  be  the  duty  of  each  of  said  physicians  to  attend  one  hour 
every  day  at  the  tubercular  dispensary.  Said  physicians  will  make  reports  to 
the  Board  of  Health  at  the  end  of  each  month  showing  the  number  of  patients 
treated,  giving  their  names,  places  of  residence,  kinds  of  diseases,  results  of  treat- 
ment, number  of  deaths,  and  anv  other  information  that  they  may  deem  im- 
portant. 

(e)  The  Charity  Physicians  on  visiting  patients  at  their  homes  for  the 
first  time  shall  note  on  a form  supplied  for  this  purpose,  a brief  report  on  the 
sanitary  surroundings  of  said  patients.  And  they  shall  promptly  transmit  this 
report,  properly  filled  out,  to  the  Health  Officer. 

(f)  The  Charity  Physicians  shall  each  receive  the  sum  of  $300.00  per 
annum  for  their  services,  to  be  paid  in  monthly  installments  as  city  officials 
are  paid. 

(g)  The  Associated  Charities  is  authorized  and  empowered  to  purchase 
the  necessary  drugs  and  medicines  for  the  use  of  charity  patients,  and  issue  same 
to  the  Charity  Physicians.  The  accounts  for  same,  not  to  exceed  $25.00  per 


8 BOARD  OF  HEALTH  Ch.  2. 

month  for  each  month  of  the  year,  when  properly  approved  by  the  Health  Officer, 
shall  be  paid  by  the  city  as  other  accounts  are  paid. 

(h)  The  Board  of  Health,  subject  to  the  approval  of  the  Board  of  Com- 
missioners, may  at  any  time  direct,  in  any  manner  it  sees  fit,  the  work  of  the 
Charity  Physician  and  the  purchase  of  necessary  drugs. 

6.  The  Fayette  County  Tuberculosis  Society. — (a)  The  Fayette  County 
Tuberculosis  Society  shall  make  monthly  reports  to  the  Health  Officer  of  work 
done  within  the  city. 

7.  The  Medical  Inspector  of  Schools. — (a)  The  Medical  Inspector  of 
Schools  shall  make  monthly  reports  to  the  Health  Officer. 

Sec.  16. — Nuisances.  Whatever  is  dangerous  to  human  health,  whatever 
renders  the  ground,  the  water,  the  air,  or  food  a hazard  or  an  injury  to  human 
health,  and  the  following  specific  acts,  conditions  and  things  are,  each  and  all 
of  them,  hereby  prohibited  and  made  unlawful. 

1.  The  deposit  or  accumulation  of  any  foul,  decaying  or  putrescent  sub- 
stance, or  other  offensive  matter,  in  or  upon  any  lot,  street  or  highway,  or  in  or 
upon  any  public  or  private  place ; the  overflow  of  any  foul  liquids,  or  the  escape 
of  any  gases  to  such  an  extent  that  the  same,  or  any  one  of  them  shall  become, 
or  be  likely  to  become,  hazardous  to  health ; or  that  the  same  shall,  by  reason 
of  offensive  odors,  become  a source  of  discomfort  to  persons  living  or  passing 
in  the  vicinity  thereof. 

2.  A polluted  well,  spring  or  stream,  or  the  pollution  of  any  body  of 
water  used  for  drinking  purposes. 

3.  The  maintenance  of  any  privy-vault  or  cess-pool,  except  as  hereinafter 
provided. 

4.  Keeping  any  building  or  room  in  such  a state  of  uncleanliness,  or  the 
crowding  of  persons  in  any  building  or  room  in  such  a manner  as  to  endanger 
the  health  of  the  persons  dwelling  therein ; or  so  that  there  shall  be  less  than  four 
hundred  (400)  cubic  feet  of  air  to  each  adult,  and  one  hundred  and  fi^ty  (150) 
cubic  feet  of  air  to  each  child  under  twelve  years  of  age  occupying  such  build- 
ing or  room. 

5.  Allowing  cellars  to  be  used  as  sleeping-rooms. 

6.  A building  or  portion  of  a building  occupied  as  a dwelling  which  is  not 
lighted  and  ventilated  by  means  of  at  least  one  window  in  each  room,  said  win- 
dow opening  to  the  outer  air;  which  is  not  provided  with  a plentiful  supply  of 
pure  water. 

7.  The  accumulation  of  manure  unless  it  be  in  a properly  constructed  pit 
or  receptacle. 

8.  The  accumulation  of  water  in  which  mosquito  larvae  breed. 

9.  The  maintenance,  in  a public  place,  of  a roller-towel  for  the  use  of 
more  than  one  person. 

10.  The  slopping  or  feeding  of  cattle  or  other  animals  on  distillery  swill, 
within  the  sanitary  limits  of  the  city,  unless  the  enclosure  wherein  such  slopping 
or  feeding  is  done  be  provided  with  means  for  preventing  and  removing  the  in- 
sanitary conditions  associated  with  such  slopping  or  feeding. 

11.  Spitting  upon  any  sidewalk,  floor  or  walls  of  any  public  buildings 
or  conveyance. 

12.  Keeping  any  live  geese,  hens,  chickens,  ducks  or  other  fowls  so  as  to 
create  foul  odors  or  be  an  inconvenience  or  menace  to  the  health  of  any  neigh- 
boring individual,  or  in  any  building  or  portion  thereof  that  is  used  as  a human 
habitation. 


BOARD  OF  HEALTH 


Ch.  2. 


9 


13.  Keeping  any  horse,  mule,  goat  or  cattle  in  any  building  or  portion 
thereof  that  is  used  as  a human  habitation. 

14.  Maintaining  any  urinal,  except  it  be  of  copper,  galvanized  iron,  cast- 
iron  white  enamel  inside,  or  vitrified  earthenware,  and  the  floor  and  walls  of 
which  are  not  of  non-absorbent  material  within  five  feet  of  any  such  fixture. 

15.  Any  imperfect  trap,  sink  or  water  closet,  within  any  building,  or  any 
other  drainage  appliance  or  fixture  within  any  building. 

16.  Any  person  violating  any  part  of  this  section  shall,  upon  conviction, 
be  fined  not  less  than  ten  ($10.00)  dollars  nor  more  than  one  hundred  ($100.00) 
dollars,  and  each  day’s  continuance  of  any  such  nuisance  or  condition  mentioned 
herein  shall  be  a separate  offense. 


Sec.  17.  Special  Regulations. — Stables..  1.  Every  person  owning  or 
leasing  any  stable  or  other  building  where  any  horse,  mule  or  any  cattle  are 
kept,  shall  maintain  a substantial  and  sufficient  receptacle  which  must  be  so 
constructed  and  kept  as  to  protect  the  contents  from  rain  and  to  be  so  screened 
as  to  prevent  access  to  flies,,  and  all  manure  from  such  horse,  mule  or  cattle 
must  be  placed  in  such  receptacle. 

2.  All  persons  owning  or  leasing  any  stable  where  more  than  six  head  of 
horses,  mules  or  cattle  are  kept  shall  have  all  manure  from  such  animals  re- 
moved from  their  premises  twice  in  each  week,  from  the  first  of  May  to  the 
thirtieth  of  September,  and  at  no  time  shall  the  same  be  allowed  to  accumulate 
in  such  a manner  as  to  become  a nuisance.  In  no  event  or  circumstance  shall 
any  manure  be  thrown  or  deposited  in  any  alley,  street  or  public  place,  or  suf- 
fered to  remain  in  such  places. 

3.  Every  owner  or  lessee  of  any  stable  shall  at  all  times  keep,  or  cause 
to  be  kept,  the  building  and  premises  in  a clean  and  sanitary  condition. 

4.  No  person  hauling  manure  through  the  streets  shall  permit  the  same 
to  litter  the  streets. 

5.  Any  person  violating  any  part  of  this  section  shall,  upon  conviction,  be 
fined  not  less  than  ten  ($10.00)  dollars  nor  more  than  one  hundred  ($100.00) 
dollars,  and  each  day’s  continuance  of  any  such  nuisance  or  condition  mentioned 
herein  shall  be  a separate  offense. 


Sec.  18. — Barber  Shops.  1.  Every  barber’s  shop  within  the  City  of 
Lexington  shall  be  open  to  this  Board  for  inspection  at  anv  time,  and  the  follow- 
ing rules  shall  be  observed  therein : 

(a)  All  barber  shops,  together  with  all  furniture,  shall  be  kept  in  a 
clean  and  sanitary  condition. 

(b)  Mugs,  shaving-brushes,  razors,  scissors,  clipping-machines,  pincers, 
needles,  and  other  instruments,  shall  be  sterilized,  either  by  immersion  in  boiling 
water,  or  in  alcohol  of  at  least  ninety-five  per  cent  strength,  or  other  effective  dis- 
infectant approved  by  the  Health  Officer,  after  each  separate  use.  Combs  and 
brushes  shall  be  kept  thoroughly  cleaned. 

(c)  Clean  towels  shall  be  used  for  each  person. 

(d)  Alum,  or  other  material  used  to  stop  the  flow  of  blood,  shall  be  ap- 
plied on  a clean  towel  or  other  clean  cloth. 

(e)  The  use  of  powder-puffs  and  sponges  is  prohibited,  except  that  a 
sponge  or  puff  owned  by  a customer  may  be  used  on  him. 

(f)  Every  barber  shall  thoroughly  cleanse  his  hands  immediately  before 
serving  each  customer. 

(g)  Every  barber’s  shop  shall  be  well  ventilated  and  provided  with  hot 
and  cold  water. 


10 


BOARD  OF  HEALTH 


Ch.  2. 


(h)  No  barber’s  shop  shall  be  used  as  a sleeping-room.  No  person  shall 
be  employed  or  shall  operate  as  a barber  who  has  any  communicable  disease. 

(i)  A copy  of  this  section  shall  be  posted  in  plain  view  in  every  barber’s 

shop. 

2.  Any  person  violating  any  part  of  this  section  shall,  upon  conviction,  be 
fined  not  less  than  ten  ($io.oo)  dollars  nor  more  than  one  hundred  ($ioo.oo) 
dollars,  and  each  day’s  continuance  of  any  such  nuisance  or  condition  mentioned 
herein  shall  be  a separate  offense. 

Sec.  19. — Street  Cars,  Etc.  1.  All  city  and  interurban  cars  shall  be 
thoroughly  cleaned  once  each  day,  and  shall  be  kept  in  a sanitary  condition. 

2.  Any  person  violating  any  part  of  this  section  shall,  upon  conviction, 
be  fined  not  less  than  ten  ($10.00)  dollars  nor  more  than  one  hundred  *($100.00) 
dollars,  and  each  day’s  continuance  of  any  such  nuisance  or  condition  mentioned 
herein  shall  be  a separate  offense. 

Sec.  26. — Garbage,  Ashes,  Etc.  1.  It  shall  be  the  duty  of  every  resi- 
dent householder,  tenant,  hotel  keeper,  boarding  house  keeper,  retail  dealer, 
and  all  parties  or  persons  occupying  dwellings  within  the  City  of  Lexington, 
to  provide,  or  cause  to  be  provided  and  at  all  times  keep  or  cause  to  be  kept, 
portable  vessels  for  holding  garbage,  said  vessels  to  be  made  of  galvanized  iron 
of  type  approved  by  the  Board  of  Health,  and  provided  with  handles  on  the  out- 
side, and  a closely  fitting  cover,  which  cover  shall  not  be  removed  except  when 
absolutely  necessary.  Said  vessels  shall  be  kept  in  the  rear  of  the  premises,  in 
the  basement,  or  in  passageways  most  accessible  to  the  collector  and  never  upon 
the  street  or  sidewalk,  and  shall  be  of  capacity  of  not  more  than  two  bushels. 
All  such  vessels,  where  not  easily  accessible,  shall  be  promptly  delivered  to  the 
collector  when  called  for,  and  shall  be  returned  by  him  to  their  places  without 
unnecessary  delay,  and  no  person  shall  in  any  manner  interfere  with  said  vessels, 
or  the  contents  thereof,  except  those  authorized  for  such  duties. 

2.  No  resident  householder,  tenant,  hotel-keeper,  boarding-house  keeper, 
or  any  other  person,  shall  deposit  in  the  garbage  vessel  or  tank,  any  ashes,  bottles, 
glass,  tin  cans,  night  soil,  or  other  rubbish,  and  the  collector  shall  refuse  to 
collect  such  garbage  until  all  other  refuse  matter  has  been  removed  therefrom, 
and  the  collector  shall  report  at  once  to  the  Health  Officer  all  such  offenses. 

3.  No  manure  or  putrescible  matter  of  any  kind  shall  be  permitted  to 
accumulate  in  such  a way  as  to  become  offensive  or  objectionable. 

4.  Premises  must  be  kept  free  from  rubbish  at  all  times. 

5.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  place,  throw 
or  deposit  on  any  public  street,  alley  or  sidewalk  of  the  City,  or  upon  the  prem- 
ises of  any  person  without  his  permission,  any  waste  paper,  fruit  peelings  or 
rinds,  dirt,  ashes,  house  sweepings,  garbage,  filth,  dead  fowls,  dead  animals, 
privy  or  catch  basin  cleanings,  or  any  other  trash  or  offensive  substance  or  litter 
of  any  kind ; or  to  throw  or  pour,  or  permit  or  cause  to  run  over  any  sidewalk, 
street  or  alley,  or  any  part  thereof,  any  slop,  impure  water  or  liquids,  or  offal  of 
any  kind,  or  to  permit  any  one  in  his  employ  to  do  so.  The  presence  of  any  such 
liquids  or  substances  upon  any  street,  alley  or  sidewalk  for  twenty-four  hours 
shall  be  held  to  constitute  a violation  of  this  section  on  the  part  of  the  owner  or 
occupant  of  the  property  upon  whose  half  of  the  street,  alley  or  sidewalk  the  same 
is  found.  Nothing  in  this  section  shall  be  construed  to  prevent  the  temporary 
placing  on  sidewalks  of  barrels,  boxes  and  other  similar  receptacles  containing 
trash  and  rubbish  which  is  not  foul  or  offensive,  and  which  is  not  subject  to 
decomposition,  if  such  barrels,  boxes  or  other  receptacles  are  free  from  holes,, 
and  are  provided  with  good,  close  fitting  tops,  to  be  kept  securely  closed  at  all 


Ch.  2. 


BOARD  OF  HEALTH 


ii 


times  except  for  the  purpose  of  filling  and  emptying  the  receptacles ; and  pro- 
vided further,  that  such  receptacles  are  permitted  to  stand  on  the  sidewalk  or 
street  no  longer  than  may  be  reasonably  necessary  to  have  the  same  emptied  and 
the  contents  removed,  nor  shall  this  section  be  construed  to  prevent  the  sweeping 
of  ordinary  street  dust  from  the  sidewalk  into  the  street. 

6.  Any  and  every  person  failing  to  perform  the  duties  required  of  him, 
or  to  comply  with  the  provisions  of  this  section,  shall  for  every  offense,  upon 
conviction,  be  subject  to  a fine  of  not  less  than  ten  ($10.00)  dollars  nor  more  than 
one  hundred  ($100.00)  dollars,  and  each  day’s  continuance  of  any  such  nuisance 
or  condition  mentioned  herein,  shall  be  a separate  offense. 

Sec.  21/ — Sewerage.  1.  Every  building  situated  on  any  street  in  the 
City  of  Lexington,  where  there  is  a public  sanitary  sewer,  shall  be  connected  with 
said  sewer  in  accordance  with  the  ordinances  of  the  City  governing  such  connec- 
tion, so  that  all  sewerage  from  the  premises  shall  empty  into  the  sewer ; provided, 
that  such  building  is  used  or  intended  to  be  used  as  a human  habitation  or  in 
which  persons  are  employed  or  intended  to  be  employed,  in  any  manufacture, 
trade  or  business.  Each  lot  on  which  there  is  a building  used  or  intended  to  be 
used  for  any  of  the  above  described  purposes  shall  have  a separate  connection 
with  the  city  sewer,  distinct  from  any  building  or  any  other  lot.  Each  such 
building  shall  be  provided  with  one  flush  toilet  for  each  family  occupying  sepa- 
rate apartments  in  the  building  and,  in  case  of  lodging,  boarding  and  rooming 
houses,  places  of  manufacture,  trade  or  business,  there  shall  be  provided  one 
flush  toilet  in  separate  and  distinct  compartments  for  each  sex  living  or  em- 
ployed in  any  such  building ; further,  there  shall  be  at  least  one  toilet  for  each 
fifteen  (15)  persons  or  fraction  thereof,  of  any  one  sex  using  the  same.  Every 
compartment  containing  a toilet  must  be  provided  with  a window  at  least  three 
(3)  square  feet  in  area,  opening  to  the  outer  air.  It  is  hereby  made  a duty  of 
each  owner  of  any  such  building  to  cause  the  same  to  be  connected  with  any 
public  sanitary  sewer  already  constructed,  as  herein  provided,  within  ninety 
days  after  the  passage  of  this  ordinance,  and  hereafter,  within  ninety  days  after 
a public  sanitary  sewer  is  constructed  and  available  for  use;  and  it  is  hereby 
made  unlawful  for  any  person  or  persons  to  occupy  or  use  any  such  building,  or 
permit  the  occupancy  or  use  of  any  such  building,  for  any  of  the  purposes  above 
mentioned,  after  the  expiration  of  such  ninety  days  unless  the  building  is  con- 
nected with  the  sanitary  sewer  as  herein  provide^!. 

2.  It  shall  be  the  duty  of  the  Health  Officer  to  notify  in  writing  the 
owner  or  controller,  and  the  tenants  or  occupants  of  every  building  required  by 
this  section  to  be  connected  with  the  public  sewer,  and  to  so  connect  such  build- 
ings, but  a failure  of  the  Health  Officer  to  give  such  notice  shall  in  no  case  re- 
lieve any  such  owner,  tenant  or  occupant  of  the  penalty  prescribed  in  this  section. 

3.  Any  person  who  shall  violate  sub-section  1 of  this  section  or  fail  to 
comply  with  the  requirements  thereof,  shall  upon  conviction,  be  fined  not  less 
than  ten  ($10.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dollars,  for  each 
offense,  and  each  day’s  continuance  of  such  violation  shall  be  deemed  a separate 
offense. 

Sec.  22. — Privies  and  Night  Soil.  1.  In  those  parts  of  the  city,  not  pro- 
vided with  sewers,  privy  vaults  shall  be  constructed,  and  the  construction  of 
privy  vaults  will  be  permitted  only  on  premises  where  sewers  do  not  exist  in 
abutting  streets. 

2.  The  construction  of  privy  vaults  shall  conform  to  the  following  speci- 
fications, unless  of  equally  efficient  and  water-tight  construction,  which  may  be 
approved  as  such  by  the  Health  Officer. 


12 


BOARD  OF  HEALTH 


Ch.  2. 


They  shall  be  at  least  five  (5)  feet  deep  and  of  such  width  and  length  as 
to  make  an  area  of  not  less  than  eighteen  (18)  square  feet,  inside  measurement, 
but  in  no  case  shall  the  width  be  less  than  three  (3)  feet.  The  wdlls  of  such 
vaults,  if  made  of  brick,  shall  be  of  whole,  hard,  impervious  brick,  not  less  than 
eight  (8)  inches  thick,  bonded  every  seventh  course  with  full  heading  forces 
through  the  wall,  laid  in  Portland  cement  mortar,  and  the  inside  shall  be  plaster- 
ed with  a half-inch  coat  of  Portland  cement  mortar,  in  proportion  to  one  (1) 
part  of  Portland  cement  to  two  (2)  parts  of  clean,  sharp  sand.  After  this  coat- 
ing is  put  on,  it  shall  be  given  a one  (1)  coat  wash  of  cement.  The  bottom  shall 
be  at  least  three  (3)  brick  courses  thick,  eight  (8)  inches  thick,  laid  in  cement 
mortar,  or  of  Portland  cement  concrete,  eight  (8)  inches  thick. 

3.  When  Portland  cement  concrete  is  used  to  construct  vaults,  the  walls 
shall  be  at  least  six  (6)  inches  thick,  laid  to  form,  and  the  concrete  shall  be 
made  of  one  (1)  part  of  Portland  cement,  three  (3)  parts  of  clean  sharp  sand, 
and  five  (5)  parts  of  crushed  stone,  free  from  dust,  and  of  sizes  not  less  than 
one-fourth  (*4)  inch  nor  more  than  one  and  one-half  (1^2)  inches  in  diameter, 
and  shall  be  plastered  inside  as  prescribed  above  for  brick  construction. 

4.  Vaults  shall  be  made  water  tight  and  their  walls  continued  twelve 
(12)  inches  above  the  ground  surface  to  prevent  surface  drainage.  No  re-tem- 
pered cement  mortar  shall  be  used.  The  building  over  such  vaults  shall  be  en- 
tirely fly-proof  and  a vent  at  least  six  (6)  inches  in  diameter  shall  be  run  from 
the  underside  of  the  floor  to  at  least  three  (3)  feet  above  the  comb  of  the  roof 
of  said  building. 

5.  After  the  brick  work  is  completed  and  before  the  same  is  plastered, 
the  work  must  be  inspected  by  the  Health  Officer,  or  Inspector,  and  the  work 
must  again  be  inspected  after  the  walls  are  plastered,  and  the  vault  shall  be  left 
uncovered  for  this  purpose  until  inspected  and  approved  by  the  Health  Officer, 
and  it  shall  be  his  duty,  if  the  vault  is  properly  constructed,  to  issue  a certificate 
to  that  effect  to  the  person  constructing  the  vault  or  to  the  owner  thereof.  It 
shall  be  unlawful  to  cover  any  vault  or  to  use  same  until  it  is  inspected  and 
accepted  by  the  Health  Officer  or  Inspector  and  a certificate  issued  as  herein 
provided. 

6.  No  old  vault  shall  be  connected  with  a sewer. 

7.  Vaults  now  existing  on  premises  abutting  streets  in  which  there  is  a 
sanitary  sewer,  or  where  sanitary  privy  vaults  are  ordered  constructed,  shall  be 
cleaned  down  to  the  bottom  or-to  a point  at  least  ten  (10)  feet  below  the  surface 
and  filled  with  earth  and  ashes. 

8.  All  buildings  not  connected  with  a sewer,  used  as  a human  habitation 
and  occupied  by  one  family,  shall  be  provided  with  a privy.  No  privy  shall  be 
constructed  within  twenty  (20)  feet  of  any  street,  except  it  be  an  alley  upon 
which  there  are  located  no  residences,  or  within  three  (3)  feet  of  any  lot  line, 
or  within  ten  (10)  feet  of  any  door  or  window  of  a residence. 

9.  All  buildings,  not  connected  with  sewers,  used  as  tenement  or  apart- 
ment houses,  and  occupied  by  more  than  one  family,  shall  be  provided  with  one 
privy  or  a suitable  separate  division  of  the  same  for  each  family.  All  buildings 
not  connected  with  sewer,  and  used  as  lodging  houses,  and  all  such  buildings 
where  persons  work  or  are  employed,  shall  be  provided  with  not  less  than  one 
(1)  separate  seat  or  convenience  for  each  fifteen  (15)  persons  employed  or 
lodged  in  such  building. 

10.  Each  owner  of  property  where  a sanitary  privy  vault  is  maintained 
shall  pay  to  the  Treasurer  of  the  City  an  annual  license  tax  thereon  of  three 
($3.00)  dollars  for  every  ten  (10)  persons  or  fraction  thereof  using  the  same.  And 
all  such  money  so  received  shall  constitute  a fund,  the  Privy  Fund,  to  be  used 


Ch.  2. 


BOARD  OF  HEALTH 


i3 


solely  for  cleaning  sanitary  privies,  as  provided  herein.  Such  license  shall  be 
paid  at  the  time  and  in  the  manner  provided  by  ordinance  for  the  payment  of 
other  licenses. 

Whenever  any  owner,  agent,  tenant  or  occupant  of  such  property  finds 
that  a sanitary  privy  vault  has  become  foul,  or  so  full  as  to  be  within  two  (2) 
feet  of  the  top,  it  shall  then  be  his  duty  to  notify  the  Health  Officer  and  the 
Health  Officer  shall,  within  a reasonable  time,  have  the  same  emptied  and  prop- 
erly cleaned.  Every  sanitary  privy  vault  shall  be  cleaned  at  least  once  in  every 
three  (3)  years,  or  whenever  the  Health  Officer  or  Inspector  finds  that  a 
nuisance  exists. 

The  Health  Officer  shall  keep  a record  of  all  sanitary  privy  vaults  con- 
structed and  the  amount  of 'licenses  paid  for  each  such  vault,  and  such  record 
shall  include  the  location  of  the  privy  by  street  and  number,  owner’s  name  and 
address,  agent’s  name  and  address  (if  there  be  one),  date  privy  was  approved, 
its  width,  length,  depth,  cubical  contents,  date  it  was  cleaned  last  and  the  number 
of  persons  using  same. 

All  wagons  or  carts  used  for  the  hauling  of  night-soil  shall  either  be  made 
of  or  lined  with  non-corrosive  metal,  perfectly  water-tight,  and  provided  with  a 
tight  fitting  cover.  A license  of  ten  ($10.00)  dollars  shall  be  paid  annually  for 
each  such  wagon  or  cart,  and  prior  to  applying  for  such  license  the  owner  shall 
obtain  from  the  Health  Officer  a certificate  of  approval.  Each  such  wagon  or 
cart  shall  be  inspected  by  the  Health  Officer  at  least  once  in  every  six  (6) 
months  and  if  found  to  be  defective  shall  be  condemned  and  not  used  for  the 
hauling  of  night-soil  until  approved  by  the  Health  Officer. 

Night-soil  shall  not  be  removed  from  any  privy  vault  or  cess-pool,  except 
between  the  hours  of  nine  (9)  o’clock  p.  m.,  and  four  (4)  o’clock  a.  m.,  except 
by  written  permission  from  the  Health  Officer.  Night-soil  shall  be  removed 
to  the  hopper  provided  by  the  city  on  the  Crematory  grounds  or  to  such  other 
place  as  the  city  may  provide. 

11.  Cess-pools  may  be  constructed  only  when  written  permission  has  been 
obtained  from  the  Health  Officer  and  in  no  case  shall  they  be  constructed  when 
there  is  a sanitary  sewer  in  the  abutting  street,  nor  shall  any  connection  be 
made  from  them  with  any  sanitary  sewer.  All  existing  cess-pools  and  those 
hereafter  constructed,  on  premises,  must  be  abandoned  within  thirty  (30)  days 
after  the  completion  of  a sanitary  sewer  in.  any  of  the  abutting  streets ; further 
such  cess-pools  shall  be  thoroughly  cleaned  out,  filled  with  earth  or  ashes,  and 
all  sanitary  sewerage  from  said  premises  shall  be  connected  with  said  sewer. 

The  materials  and  method  of  constructing  a cess-pool  shall  be  the  same 
as  those  governing  the  construction  of  sanitary  privy  vaults,  as  heretofore  pro- 
vided in  sub-sections  2,  3,  4 and  5,  of  section  22,  except  as  to  size,  which  shall 
be  a capacity  not  less  than  forty  (40)  barrels,  arched  over,  provided  with  a 
twenty  (20)  inch  cast  iron  ring  and  cover.  This  applies  to  all  existing  cess-pools 
when  same  are  found  to  be  defective  by  the  Health  Officer  or  Inspector. 

All  cess-pools  must  be  cleaned  within  ten  (10)  days  or  less,  upon  the 
receipt  of  a notice  from  the  Health  Officer  or  Inspector,  at  the  expense  of  the 
owner,  agent,  tenant  or  occupant  of  the  property. 

12.  The  term  sewer,  as  used  in  this  ordinance,  shall  be  construed  to 
mean  a sanitary  sewer. 

13.  A cess  pool  is  defined  to  mean  a privy  vault  intended  to  recover 
liquid  wastes  from  a building  where  persons  live  or  are  employed. 

14.  Any  person  or  persons  violating  or  assisting  in  the  violation  of  any 
part  of  this  section  shall,  upon  conviction,  be  fined  not  less  than  ten  ($10.00) 


14 


BOARD  OF  HEALTH 


Ch.  2..‘ 


dollars  nor  more  than  one  hundred  ($100.00)  dollars,  and  each  day’s  contin- 
uance of  any  such  violation,  nuisance  or  condition  mentioned  herein  shall  be  a 
separate  offense. 

Sec.  23. — Vital  Statistics.  1.  Every  practicing  physician,  undertaker, 
and  midwife  shall  within  ten  (10)  days  after  notice  from  the  Health  Officer, 
register  his  or  her  name,  address  and  nature  of  his  or  her  duties  with  the  Health 
Officer,  and  shall  notify  the  Health  Officer  of  any  change  of  address  and  the 
Health  Officer  shall  send  to  each  a copy  of  the  State  Law  on  Vital  Statistics 
and  a copy  of  Section  11  of  Ordinance  No.  149.  (Sec.  24,  Rev.  Ord.) 

2.  Any  person  violating  any  part  of  this  section  shall,  upon  conviction, 
be  fined  not  less  than  ten  ($10.00)  dollars,  nor  more  than  one  hundred  ($100.00) 
dollars,  and  each  day’s  continuance  of  any  such  violation  shall  be  a separate 
offense. 

Sec.  24. — Communicable  Diseases.  1.  Every  physician  shall  report  in 
writing  to  the  Board  of  Health  the  name  of  every  patient  he  (or  she)  may  have 
in  the  City  of  Lexington  with  cholera,  small-pox,  diptheria,  typhus,  typhoid  or 
scarlet  fever,  measles,  tuberculosis  in  any  form,  varicella,  whooping-cough, 
epidemic  dysentery,  trachoma,  ophthalmia  neonatorum,  epidemic  cerebro-spinal 
meningitis,  pellagra,  infantile  paralysis,  hook-worm  disease,  rabbies,  tetanus, 
pneumonia,  or  any  other  communicable  disease  that  may  be  hereafter  declared 
and  published  by  the  Board  of  Health  to  be  dangerous  to  the  public  health, 
together  with  the  precise  locality  where  such  patient  may  be  found,  immediately 
after  such  physician  shall  have  ascertained  the  nature  of  such  disease. 

If  any  physician,  or  midwife,  knows  or  has  reason  to  believe,  that  one  or 
both  eyes  of  an  infant  whom  or  whose  mother  he  (or  she)  is  called  to  visit,  or 
treat,  has  become  inflamed,  swollen  and  red  and  shows  an  unnatural  discharge 
within  two  weeks  after  the  birth  of  such  infant,  he  (or  she)  shall,  within  six 
(6)  hours,  give  notice*  thereof  to  the  Health  Officer,  or  in  his  absence  to  the  Presi- 
dent of  the  Board  of  Health. 

2.  It  shall  be  the  duty  of  the  Board  of  Health  to  cause  a suitable  placard 
to  be  displayed  from  the  front  of  any  premises  where  any  case  of  measles,  small- 
pox, scarlet  fever,  diptheria,  chicken-pox,  epidemic  cerebro-spinal  meningitis  or 
whooping-cough  is  present.  It  shall  be  unlawful  for  any  person  to  remove  such 
placard,  when  so  placed,  without  the  permission  of  the  Board  of  Health,  and  it 
shall  be  the  duty  of  said  Board,  in  conjunction  with  the  attending  physician,  to 
issue  the  necessary  instructions  for  the  isolation  of  the  patient. 

3.  The  bodies  of  persons  who  have  died  of  smallpox,  cholera,  yellow 
fever,  diptheria,  scarlet  fever,  or  other  dangerous  contagious  disease,  shall  be 
buried  within  twenty-four  (24)  hours  after  death  (except  by  special  permission 
of  the  Board  of  Health)  ; and  no  public  or  church  funeral  shall  be  held  in  con- 
nection with  the  burial  of  persons  who  have  died  of  any  of  the  above-named 
diseases,  and  the  body  of  any  such  person  shall  not  be  taken  into  any  church,, 
chapel  or  any  public  place,  and  only  the  adult  members  of  the  family  and  such 
other  persons  as  are  actually  necessary,  shall  be  present  at  the  burial  of  such 
body. 

4.  It  shall  be  unlawful  to  inter  the  body  of  any  deceased  person  in  any 
place  in  the  City  of  Lexington  except  some  public  cemetery  authorized  by  law. 
Any  person  violating  this  provision  shall  be  fined  in  any  sum  not  exceeding  one 
hundred  ($100.00)  dollars.  All  of  the  cemeteries  used  for  burial  purposes  at 
this  time,  and  authorized  in  pursuance  of  the  laws  and  ordinances  of  the  City, 
are  hereby  authorized  to  receive  and  inter  bodies  of  deceased  persons,  but  here- 
after it  shall  be  unlawful  for  any  person  or  association  of  persons  to  establish 


Ch.  2. 


BOARD  OF  HEALTH 


i5 


or  maintain  within  the  City  of  Lexington  any  burying  ground  or  cemetery  with- 
out having  been  authorized  to  do  so  by  ordinance  of  the  Board  of  Commis- 
sioners, and  any  person,  firm  or  corporation  violating  this  provision  shall 
be  fined  not  less  than  twenty  ($20.00)  dollars,  nor  more  than  one  hundred  ($100) 
dollars  for  each  offense,  and  each  and  every  interment  of  a deceased  person 
therein  shall  constitute  a separate  offense. 

5.  Any  person  or  persons  having  smallpox  on  his  or  her  premises,  and 
unwilling  to  have  such  person  or  persons  so  affected  moved  to  the  smallpox 
hospital,  shall  be  required  to  keep  a guard  on  such  premises  at  his  or  her  ex- 
pense, to  prevent  the  spread  of  the  disease,  and  failure  to  comply  with  the  pro- 
visions of  this  section  shall  subject  the  offender  to  a fine  of  not  less  than  ten 
($10.00)  dollars  nor  more  than  one  hundred  ($100.00)  dollars  for  each  day  he 
or  she  fails  to  comply,  and  any  owner  or  other  person  having  control  of  any 
house  where  there  shall  be  one  or  more  cases  of  smallpox,  and  who,  knowing 
the  same,  shall  fail  to  give  notice  thereof  to  the  Board  of  Health  within  six 
hours  after  its  discovery,  shall,  on  conviction,  be  subject  to  the  penalties  of 
this  paragraph. 

6.  No  person  shall  fail  or  refuse  to  be  vaccinated  or  refuse  to  prevent 
any  minor  under  his  or  her  control  to  be  vaccinated,  when  visited  for  that  pur- 
pose by  the  physician  employed  by  the  City,  unless  such  person  or  minor  has 
already  been  effectually  vaccinated  at  the  time  of  said  visit,  or  is  vaccinated  by 
some  competent  physician  within  twenty-four  (24)  hours  thereafter.  The  medic- 
al inspector  of  the  city  schools  shall  examine  each  pupil  not  submitting  satis- 
factory evidence  of  vaccination,  or  not  submitting  evidence  from  a physician 
that  vaccination  is  dangerous  to  the  health  of  the  child,  and  prevent  the  en- 
trance of  any  one  who  has  no  vaccine  mark,  and  notify  the  parent  or  guardian 
of  said  pupil  that  vaccination  is  an  indispensable  prerequisite  to  admission  to 
the  public  schools  of  the  city. 

7.  Whenever  it  shall  be  deemed  necessary  by  the  Board  of  Health  to 
establish  the  true  character  of  any  disease  which  is  suspected  to  be  communi- 
cable, a medical  examination  of  the  person  or  persons  affected  by  such  disease 
may  be  ordered  by  said  Board.  Any  person  or  persons  interfering  with  or  re- 
fusing to  permit  such  examination  shall  be  guilty  of  violating  this  article. 

8.  No  principal,  teacher  or  superintendent  of  any  school  shall  .knowingly 
permit  any  child  sick  from  any  disease  mentioned  in  paragraph  one  (1)  of  this 
section,  or  from  any  other  communicable  disease,  or  any  child  residing  in  any 
house  in  which  whooping-cough,  chicken-pox,  infantile  paralysis,  scarlet  fever, 
diptheria,  smallpox,  measles,  or  epidemic  cerebro-spinal  meningitis,  shall  exist, 
to  attend  any  school  until  such  time  as  the  Board  of  Health  certifies  to  such 
teacher,  principal  or  superintendent  that  the  said  child  may  attend  school  without 
danger  of  communicating  the  disease  to  others. 

9.  No  person  from  any  dwelling  wherein  a disease  dangerous  to  public 
health  exists,  shall  take  any  book  or  magazine  to  or  from  any  circulating  library. 
The  Board  of  Health  shall  inform  the  librarian  of  all  cases  of  said  diseases,  and 
until  a written  permit  is  given  he  (or  she)  shall  allow  neither  book  nor  maga- 
zines to  be  taken  or  returned  from  a dwelling  where  such  cases  exist. 

10.  Any  person  in  the  City  of  Lexington  having  communicable  disease 
shall  be  isolated  as  the  Board  of  Health  may  direct,  and  all  buildings,  clothing, 
property,  premises  and  vehicles  which  may  be  infected  by  emanations  from  such 
persons  shall  be  disinfected  as  the  Board  of  Health  may  direct.  No  premises 
will  be  disinfected  after  diptheria  until  at  least  two  negative  cultures,  taken  on 
successive  days,  have  been  obtained  from  the  throat  of  the  patient  or  from  the 
nose,  if  a case  of  nasal  diptheria. 


i6 


BOARD  OF  HEALTH 


Ch.  2. 


11.  The  Board  of  Health  shall  have  control  of  the  hospitals  for  con- 
tagious diseases  and  shall  adopt  rules  and  regulations  for  the  management  of 
same.  Said  Board  shall  have  authority  to  order  and  secure  the  removal  and 
isolation  of  any  person  afflicted  with  a contagious  disease.  When  smallpox  or 
any  other  contagious  disease  is  prevalent  in  any  city  or  town,  with  which  the 
city  of  Lexington  has  communication,  said  Board  shall  have  the  power  to 
quarantine  against  such  city  or  town,  and  to  prevent  coming  therefrom  into 
the  City  of  Lexington  any  person  or  persons  who  are  afflicted  with  such  dis- 
ease ; and  to  adopt  all  such  regulations  as  are  reasonably  necessary  to  protect 
the  health  of  the  people  of  the  City.  No  person  shall  knowingly  bring,  or  cause 
to  be  brought,  into  the  City  of  Lexington,  any  person  infected  with  any  com- 
municable disease,  except  under  a permit  granted  by  the  Board  of  Health. 

12.  Whenever  a placard  shall  be  placed,  showing  the  presence  of  small- 
pox, scarlet  fever  or  diptheria,  no  person  or  persons,  except  the  medical  attend- 
ant and  nurses,  shall  either  enter  therein  or  depart  therefrom  without  the  per- 
mission of  the  Board  of  Health. 

13.  Whenever  a person  having  tuberculosis  moves  out  of  a house  or  an 
apartment,  the  attending  physician,  if  there  be  one,  or  the  active  head  of  the 
family,  shall  so  notify  this  Board  within  twenty-four  (24  ) hours,  and  both  of 
the  above  mentioned  persons  shall  be  held  responsible  for  a violation  of  this 
section. 

14.  Every  veterinarian  or  other  person  who  is  called  to  examine  or  pro- 
fessionally attend  any  animal  within  the  City  of  Lexington,  having  the  glanders 
or  farcy,  rabies,  tuberculosis,  or  other  communicable  disease,  shall,  within 
twenty-four  (24)  hours  thereafter,  report  in  writing  to  the  Board  of  Health  the 
following  facts : 

(a)  A statement  of  the  location  of  such  diseased  animal. 

(b)  The  name  and  address  of  the  owner  thereof. 

(c)  The  type  and  character  of  the  disease. 

15.  Every  animal  which  is  mad,  or  which  has  hydrophobia,  or  which 
shows  symptoms  thereof,  shall,  if  possible,  be  at  once  securely  confined  until  the 
diagnosis  is  accurately  made.  Every  animal  that  has  been  exposed  to  such 
disease  shall  be  at  once  confined  in  some  secure  place  for  such  length  of  time  as 
to  show  that  such  exposure  has  not  given  such  animal  said  disease,  and  the  body 
of  any  animal  that  has  died  of  such  disease,  or  which  being  suspected  to  have 
such  disease,  has  been  killed,  shall  not  be  disposed  of,  except  as  may  be  directed 
by  the  Board  of  Health. 

16.  Any  person  violating  any  part  of  this  section  shall,  upon  conviction, 
be  fined  not  less  than  ten  ($10.00)  dollars,  nor  more  than  one  hundred  ($100.00) 
dollars,  and  each  day’s  continuance  of  any  such  nuisance  or  condition  herein  shall 
be  a separate  offense. 

Sec.  25. — Tuberculosis.  1.  Tuberculosis  is  hereby  declared  to  be  an  in- 
fectious and  communicable  disease  and  dangerous  to  the  public  health.  It  shall 
be  the  duty  of  every  physician  in  Lexington  to  report  to  the  Health  Officer  of 
said  city,  in  writing  on  forms  to  be  provided  by  such  officer,  the  name,  age,  sex, 
color,  occupation  and  address  of  every  person  in  Lexington  having  pulmonary 
or  any  other  communicable  form  of  tuberculosis,  who  has  been  attended  by  such 
physician  for  the  first  time  within  one  week  after  the  disease  is  recognized.  It 
shall  be  the  duty  of  the  chief  officer  having  charge  for  the  time  being  of  each 
and  every  hospital,  dispensary,  sanitorium  or  other  similar  public  or  private 
institution  in  said  City  of  Lexington,  to  report  in  like  manner  the  name,  age,  sex, 
color,  occupation  and  last  address  of  every  patient  afflicted  with  pulmonary  or 


BOARD  OF  HEALTH 


Ch.  2. 


17 


any  other  communicable  form  of  tuberculosis  who  is  in  his  care,  or  who  is 
under  his  observation  within  one  week  of  such  time. 

2.  The  Health  Officer  of  said  City  of  Lexington  shall  make  or  cause  to 
be  made  a microscopical  examination  of  the  sputum  of  persons  having  symptoms 
of  tuberculosis,  which  shall  be  accompanied  by  a blank  giving  name,  age,  sex, 
color,  occupation  and  address  of  the  patient  whenever  it  may  be  requested  by  the 
attending  physician  or  by  the  proper  officer  of  any  hospital  or  dispensary,  and 
shall  promptly  make  a report  thereof  free  of  charge  to  the  physician  or  officer 
upon  whose  application  the  examination  is  made. 

3.  The  Health  Officer  of  said  City  of  Lexington  shall  cause  all  reports 
made  in  accordance  with  the  first  section  and  all  reports  showing  the  presence 
of  tuberculosis  baccilli  received  in  accordance  with  the  second  section  of  this  act, 
to  be  recorded  in  a register  of  which  he  shall  be  custodian,  and  which  shall  not 
be  open  to  inspection  by  any  one  outside  of  the  Health  Department  of  said  City 
of  Lexington,  and  neither  said  Health  Officer  nor  any  one  connected  with  said 
Health  Department  shall  permit  any  such  report  or  record  to  be  divulged  in 
such  manner  as  to  disclose  the  identity  of  the  person  to  whom  it  relates,  except 
as  it  may  be  necessary  in  carrying  out  the  provision  of  this  ordinance. 

4.  In  case  the  attending  physician  fails  to  request  in  his  report  that  they 
shall  not  be  furnished,  it  shall  be  the  duty  of  the  Health  Department  to  supply 
each  patient  or  to  those  in  charge  of  such  patients,  printed  instructions  as  to 
the.  methods  to  be  employed  to  prevent  the  spread  of  the  disease  in  each  case  of 
tuberculosis  so  reported. 

5.  In  case  of  the  vacation  of  any  apartments  or  premises  by  death  from 
pulmonary  or  any  other  communicable  form  of  tuberculosis,  or  by  tfrfe  removal 
therefrom  of  a person  or  persons  so  afflicted,  it  shall  be  the  duty  of  the  attending 
physician,  or  if  there  be  no  such  physician,  or  if  such  physician  be  absent,  that 
the  owner,  lessee,  tenant,  keeper  or  other  person  in  charge  of  such  apartments 
or  premises  shall  notify  the  Health  Officer  in  writing  of  such  death  or  removal 
within  twenty-four  (24)  hours  thereafter.  Such  apartments  or  premises  shall 
then  be  disinfected  by  the  Health  Department  at  public  expense,  or  if  the  owner 
prefers,  by  the  owner  to  the  satisfaction  of  the  Health  Department  and  shall  not 
be  again  occupied  until  so  disinfected. 

6.  It  shall  be  the  duty  of  every  person  afflicted  with  tuberculosis  and  of 
every  person  in  attendance  upon  any  one  afflicted  therewith,  and  of  the  authori- 
ties of  private  and  public  institutions  or  dispensaries  in  said  City  of  Lexington 
to  observe  and  enforce  all  sanitary  rules  and  regulations  of  the  Health  Depart- 
ment for  preventing  the  spread  of  tuberculosis. 

7.  Upon  the  recovery  of  any  patient  from  the  tuberculosis  condition,  for 
which  he  was  previously  reported,  a report  to  that  effect  to  the  Health  Department 
made  by  the  attending  physician  shall  be  recorded  and  shall  relieve  said  patient 
from  further  liability  to  any  requirements  imposed  by  this  ordinance. 

8.  Any  person  violating  any  of  the  provisions  of  this  section  shall  upon 
conviction  thereof  be  deemed  guilty  of  a misdemeanor  and  shall  be  punished  by 
a fine  of  not  less  than  five  ($5.00)  dollars,  nor  exceeding  twenty-five  ($25.00) 
dollars. 

Sec.  26. — Regulating  the  Sale  of  Milk  and  Milk  Products.  1.  No  milk, 
cream,  ice  cream,  or  substitute  therefor,  which  is  unwholesome,  or  which  has 
been  watered,  adulterated,  reduced,  or  changed  in  any  respect  by  the  addition 
of  water  or  other  substance,  or  by  any  removal  of  cream  or  butter  fat,  shall  be 
brought  into,  held,  kept,  or  offered  for  sale,  at  any  place  in  the  City  of  Lexing- 
ton, nor  shall  any  person  keep,  have,  or  offer  for  sale  in  the  said  City  any  such 
milk,  cream,  ice  cream  or  substitute  therefor,  expect  as  provided  for  in  this 
ordinance. 


i8 


BOARD  OF  HEALTH 


Ch.  2. 


2.  The  terms  “adulterated”  and  “unwholesome,”  as  used  in  this  ordi- 
nance shall  mean:  First,  milk  containing  more  than  eighty-seven  and  one-half 
(87.50)  per  cent  of  water  and  fluids ; second,  milk  containing  less  than  twelve 
(12)  per  cent  of  milk  solids;  third,  milk  containing  less  than  three  and  one-half 
(3.5°)  per  cent  of  fats,  or  having  a specific  gravity  of  less  than  ten  and  twenty- 
nine  hundredths  (10.29)  ; fourth,  milk  which,  notwithstanding  these  minimum 
standards,  is  not  up  to  the  standard  produced  by  the  complete  milking  of  the 
cow  or  cows  in  the  dairymen’s  herd ; provided,  that  milk  from  a Holstein,  or 
other  herd,  produced  by  complete  milking  of  the  cow  or  cows,  shall  not  be 
deemed  adulterated  if  below  this  standard,  and  so  sold,  and  the  Health  Officer 
or. his  agent,  shall  make  herd  tests  to  so  determine;  fifth,  milk  drawn  from  ani- 
mals within  seven  days  after  partutrition ; sixth,  milk  drawn  from  animals  fed 
upon  wet  distillery  or  brewery  waste ; seventh,  milk  from  which  any  part  of  the 
cream  has  been  removed,  without  so  labeling;  eighth,  milk  which  has  been 
adulterated  with  water,  or  any  other  fluid,  or  to  which  has  been  added,  or  into 
which  has  been  introduced,  any  foreign  substance  whatsoever,  except  modified 
milk  for  infants  or  invalids,  and  which  shall  be  labeled  to  show  the  nature  and 
name  of  added  substances  ; ninth,  milk  which  consists,  in  whole  or  in  part,  of  a 
diseased,  contaminated,  filthy  or  insanitary  substance,  or  which  has  been  pro- 
duced, transported,  or  kept  in  a condition  which  may  render  the  article  diseased, 
contaminated  or  unwholesome. 

3.  The  term  “cream”  in  connection  with  this  ordinance,  shall  be  held  to 
mean  that  portion  of  milk,  rich  in  milk  fat,  which  rises  to  the  surface  of  milk 
on  standing,  or  is  separated  from  it  by  centrifugal  force,  is  fresh  and  clean,  and 
contains  not  less  than  eighteen  (18)  per  cent  of  milk  fat.  The  term  “ice  cream” 
shall  mean  such  product  made  from  standard  cream  plus  sugar,  flavor  or  fruit. 
It  shall  be  fresh,  not  contaminated  in  any  manner,  and  not  misbranded  or  mis- 
represented. Provided,  that  nothing  herein  shall  prohibit  the  sale  of  products 
from  pure  condensed  milk,  milk,  skim  milk,  and  wholesome  substitutes,  for  the 
albumen  of  cream,  if  so  labeled,  to  each  and  every  purchaser  and  customer. 

4.  No  dealer  in  milk,  by  himself  or  his  agent,  shall  sell,  or  have  in  his 
possession  with  intent  to  sell,  milk  from  which  the  cream  has  been  removed,  in 
whole  or  in  part,  unless  sold  as  skim  milk,  and  unless  there  shall  appear  in  a 
conspicuous  place  on  the  can,  or  other  receptacle  from  which  such  milk  is  sold, 
the  words  “skim  milk”  distinctly  and  legibly  labeled,  and  in  the  case  of  dealers, 
restauranteurs,  and  other  persons,  offering  such  for  sale  or  serving  the  same, 
appropriate  and  plain  signs  or  labels  setting  forth  such  facts  to  the  consuming 
public,  nor  shall  any  dealer  in  milk,  or  his  agent  or  agents,  sell  as  skim  milk, 
milk  which  has  less  percentage  of  casein  and  solids  than  that  contained  in  un- 
skimmed milk. 

5.  Whenever  it  is  found,  as  a rule  that  milk,  sold  as  certified  milk,  does 
not  conform  to  the  standard  under  which  it  is  certified,  the  Health  Officer  shall 
give  notice  to  both  the  Medical  Milk  Commission  and  to  the  dairyman,  or  dealer 
in  milk,  and  if  the  conditions  complained  of  are  not  corrected,  and  the  milk 
brought  within  the  standard  under  which  it  is  certified,  within  a reasonable  and 
safe  time,  the  Health  Officer  shall  again  notify  the  Medical  Milk  Commission 
and  the  dairyman  or  dealer,  that  such  milk  is  not  conforming  to  the  standard 
under  which  it  is  certified,  and  no  person  or  persons,  firm  or  corporation,  shall 
sell,  or  offer  for  sale,  milk  in  the  City  of  Lexington  as  certified  milk,  after  such 
notice,  and  which  does  not  conform  to  the  standard  under  which  it  is  certified. 

6.  Any  person  bringing,  sending,  having  in  possession  for  sale,  or  selling, 
in  the  City  of  Lexington,  any  milk  products  which  are  adulterated  or  mis-branded, 
as  set  forth  herein,  shall,  upon  conviction,  be  fined  not  less  than  ten  ($10.00) 


Ch.  2. 


BOARD  OF  HEALTH 


i9 


dollars,  nor  more  than  one  hundred  ($100.00)  dollars,  or  by  imprisonment  not 
to  exceed  fifty  (50)  days,  or  by  both  such  fine  and  imprisonment.  Any  dairyman, 
milk  dealer,  or  other  person  who  shall  have  been  twice  convicted  of  selling  milk 
to  which  water  has  been  added,  such  second  conviction  shall,  ipso  facto,  act  as  a 
bar  to  the  holding  of  a permit  for  the  sale  of  milk  in  the  City  of  Lexington. 

Sec.  27. — Regulating  the  Sanitary  Condition  of  Milk  and  Milk  Products. 

1.  No  person  shall  bring  on  send  into  the  City,  or  retail  in  the  City,  any  milk 
or  cream,  without  a permit  so  to  do  from  the  milk  inspector,  under  direction  of 
the  Health  Officer,  the  Board  of  Health,  and  the  Board  of  Commissioners,  said 
permits  to  be  furnished  gratuitously  to  all  applicants,  in  accordance  with  para- 
graph 6 of  this  section,  and  to  be  renewed  in  the  month  of  April  of  each  year, 
to  be  valid.  , 

2.  All  regular  milk  vehicles  shall  bear  the  name  of  the  owner  and  the 
number  of  the  license  of  the  wagon  or  vehicle  tacked  thereon  plainly  and  legibly. 

3.  All  grocers,  bakers,  restauranteurs,  bar-keepers,  and  other  persons, 
having  or  offering  for  sale  milk  or  cream,  or  frozen  milk  or  cream,  shall  at  all 
times  keep  the  name  or  names  of  the  person  or  dairyman,  or  dairy,  from  whom 
the  milk  or  cream  was  obtained,  posted  in  a conspicuous  place,  wherever  such 
product  may  be  sold  or  kept  for  sale.  All  grocers,  bakers,  restauranteurs,  bar- 
keepers, and  other  persons  handling  such  milk,  shall  keep  the  cans,  refrigera- 
tors, bottles  and  other  receptacles  in  which  milk  is  kept  or  stored,  clean  at 
all  times,  and  shall  thoroughly  wash  and  sterilize,  by  boiling  or  steam,  all  such 
vessels  before  the  milk  is  poured  therein. 

4.  Any  person  who  offers  for  sale  milk,  skimmed  or  unskimmed,  or 
cream,  in  the  City  of  Lexington,  whether  a resident  or  non-resident,  on  being 
tendered  the  market  price,  shall  furnish  a sample  of  said  milk  to  any  officer 
representing  the  Health  Department  of  the  City,  who.  may  request  the  same  for 
the  purpose  of  examination  or  analysis. 

5.  No  milk  dealer,  dairyman,  or  his  agents,  shall  remove  from  any 
dwelling,  or  house,  in  which  there  is  a contagious  disease,  and  which  has  been 
so  plainly  placarded,  any  bottle  or  receptacle  which  has  been  used  for  the  purpose 
of  receiving  or  storing  milk,  that  has  not  been  disinfected,  as  directed  by  the 
Health  Officer.  No  person  suffering  from,  or  who  has  knowingly  suffered  from, 
within  a period  of  twenty  (20)  days,  or  has  been  exposed  to  diptheria,  scarlet  fever, 
erysipelas,  cerebro-spinal  meningitis,  smallpox,  or  other  dangerous  contagious 
disease,  shall  work  or  assist  in  or  about  any  dairy  or  dairy  farm  ; nor  proprietor, 
manager  or  superintendent  shall,  knowingly,  permit  any  person  suffering  or 
exposed  as  aforesaid,  to  work  or  assist  in  or  about  said  dairy  farm. 

6.  Permits  without  charge  shall  be  required  of  any  and  all  persons  sell- 
ing milk  or  cream  in  the  City  of  Lexington,  or  bringing  the  same  in  for  sale. 
Such  permits  shall  apply  to  all  dairies  or  other  places,  and  to  all  cattle  producing 
milk  for  sale  in  the  City  of  Lexington.  It  shall  be  the  duty  of  the  milk  inspectors, 
acting  under  the  Health  Officer  and  the  Health  Department,  to  issue  such 
permits,  and  to  see  that  no  milk  is  sold  in  the  city  without  permit  as  herein  re- 
quired. Permits  shall  be  required  annually  on  the  first  day  of  April,  and  at 
such  other  times  as  a new  dairy  or  place  begins  the  sale  of  milk  or  cream  in  the 
City  of  Lexington,  or  the  production  of  the  same  for  sale  in  the  City  of  Lex- 
ington, and  at  such  other  times  as  such  changes  in  the  source  of  production  or 
the  place  of  sale  as  shall  make  the  permit  no  longer  apply  to  the  conditions 
under  which  the  permit  was  issued.  The  milk  inspector,  acting  under  the  Health 
Officer  and  Health  Department,  shall  not  issue  a permit  to  any  person  or  persons 
selling  or  retailing  milk  or  cream  in  the  City  of  Lexington  who  does  not  furnish 
once  in  every  twelve  (12)  months,  and  at  the  time  of  the  beginning  of  any  dairy 


20 


BOARD  OF  HEALTH 


Ch.  2, 


for  supplying  milk  in  the  City  of  Lexington,  a certificate  on  form  supplied  by 
the  Health  Department,  which  shall  apply  to,  and  be  conditioned,  as  follows : 

(a)  Such  certificates  shall  state  that  the  place  from  which  the  milk,, 
which  the  dairyman,  or  other  person,  is  at  present  selling,  or  proposes  to  sell, 
is  obtained,  is  free  from  disease,  and  that  reasonable  items  of  equipment  and 
methods  for  production  and  sale  of  milk  are  adequate.  Such  certificates  shall 
also  embrace  an  enumeration  of  cattle  in  the  dairyman’s  herd. 

(b)  The  milk  inspector,  the  Health  Officer,  or  the  Board  of  Health  may 
require  a veterinary  examination  of  the  cattle  producing  milk  for  sale  in  the 
City  of  Lexingtou,  including  the  tuberculin  test,  and  other  recognized  means  of 
veterinary  diagnosis,  to  determine  as  to  whether  or  not  the  cattle  in  any  herd 
are  infected  with  any  disease.  Such  inspection  and  examination  shall  not  be 
required,  and  the  dairyman  shall  not  be  put  to  the  expense  of  such  veterinary 
inspection,  until  after  the  milk  inspector,  or  other  agent  of  the  Health  Officer, 
has  made  a personal  inspection  of  the  dairyman’s  herd.  If  the  dairyman  so 
request,  all  such  examinations  shall  be  made  at  the  expense  of  the  city,  or, 
should  the  dairyman  so  desire,  the  veterinary  inspection  may  be  made  by  any 
competent  and  reliable  veterinarian  employed  by  the  dairyman.  The  City  of 
Lexington,  however,  shall  have  the  right,  if  so  desired,  to  have  its  milk  inspector, 
or  other  agent,  present  at  the  time  of  such  inspection.  Any  such  certificate  of 
health  of  animals  given  by  veterinarians,  if  deemed  necessary,  may  be  required 
under  oath  of  the  veterinarian  and  under  oath  of  the  owner  or  operator  of  the 
dairy  as  to  any  facts  concerning  the  concealing  of  disease ; and  any  dairyman 
who  shall,  with  a secret  injection  of  tuberculin,  or  other  means,  conceal  disease 
in  any  animal  or  any  herd  supplying  milk  or  milk  products  in  the  City  of  Lex- 
ington, shall  be  refused  a permit,  or,  having  been  issued  a permit,  shall  have  the 
same  revoked.  Whenever  any  dangerous  disease  has  been  found  in  any  cattle 
supplying  milk  or  milk  products  in  the  City  of  Lexington,  in  order  to  continue 
the  sale,  and  hold  a permit  so  to  do,  the  veterinarian  shall  tag  the  diseased  animal, 
and  the  dairyman  or  other  person  shall  remove  such  animal  or  animals  from 
the  herd,  and  shall  have  the  option  of  quarantining  the  infected  animal  at  such 
distance  and  in  such  manner  as  will  safely  isolate  the  animal  and  its  milk.  When 
a herd  supplying  milk  to  the  City  of  Lexington  has  been  twice  tested,  within 
two  years,  and  found  to  be  free  from  tuberculosis,  or  other  disease,  and  where 
all  cattle  added  thereafter  to  such  herd  are  similarly  shown  by  the  tuberculin 
test,  and  other  recognized  means  of  veterinary  inspection,  to  be  free  from  dis- 
ease, and  where  the  animals  are  identified  by  a tag,  then  any  such  cattle  or  herd 
shall  be  regarded  as  a tested  herd,  and  subsequent  tests  shall  not  be  required 
except  as  the  Health  Department  may  have  good  grounds  for  believing  that  any 
animals  in  such  herd  are  diseased. 

(c)  All  dairymen  and  other  persons  offering  milk  and  milk  products  for 
sale  in  the  City  of  Lexington,  and  the  veterinarian  engaged  to  make  test  of  ani- 
mals producing  such  milk,  shall  give  notice  to  the  milk  inspector  before  the  test 
is  made,  and  the  milk  inspector,  or  other  agent  of  the  Health  Department,  as 
provided  herein,  shall  not  only  have  the  right  to  be  present  at  such  testing, 
but  shall  designate  or  arrange  with  the  veterinarian  and  the  party  whose  cows 
are  to  be  tested,  a time  reasonably  convenient  at  which  such  milk  inspector,  or 
agent  of  the  Health  Department,  can  be  present.  A detailed  record  of  all  tests 
and  results  with  respect  to  each  animal  shall  be  filed  by  the  veterinarian  making 
the  test  with  the  milk  inspector,  and,  if  required,  shall  be  filed  under  oath,  as 
provided.  The  veterinarian  making  the  test  or  the  milk  inspector,  or  other  agent 
of  the  Health  Department,  shall  cause  all  animals  showing  tuberculosis  to  be 
marked  and  tagged,  as  provided  under  the  laws  and  regulations  of  the  State 
of  Kentucky.  After  visiting  the  herd,  as  provided  herein,  the  milk  inspector 


Ch.  2. 


BOARD  OF  HEALTH 


21 


shall  give  notice  to  the  dairyman  of  the  time  within  which  any  cattle  or  herds 
shall  be  tested,  as  a requisite  for  selling  milk  in  the  City  of  Lexington. 

(d)  A permit  to  sell  milk  shall  not  be  issued  to  any  dairy  which  has  not 
the  reasonable  items  of  equipment  and  method  necessary  for  the  production  and 
sale  of  milk  in  a safe  and  sanitary  manner,  or  which  has  not  a healthy  herd,  or 
whose  water  supply  is  in  an  unsafe  condition,  or  where  there  are  evidences  that 
the  employes  connected  with  the  production  and  sale  of  milk  are  affected  with  a 
communicable  disease.  And,  whenever  the  Health  Officer,  his  agent,  or  any 
member  of  the  Board  of  Health,  shall,  by  inspection,  determine  that  any  such 
conditions  exist,  the  dairyman  shall  be  notified  of  the  conditions  objected  to, 
and  if  the  conditions  are  not  changed  within  a reasonably  safe  time,  to  be  stated 
in  such  notice,  the  permit  shall  be  revoked.  Provided,  however,  that  if  the 
dairyman  can  remove  his  cattle  and  equipment  to  another  farm  and  place,  and 
so  as  to  have  his  product  free  from  the  danger  of  any  such  conditions  found, 
such  permit  shall  not  be  revoked. 

(e)  No  permit  shall  be  issued  to  any  dairyman  or  other  person  whose 
dairy,  equipment  and  methods  arc  not  open  to  the  inspection  of  any  member  of 
the  Board  of  Health,  or  any  agent  of  the  City  of  Lexington,  and  any  dairyman, 
or  other  person,  refusing  such  inspection,  shall  be  refused  a permit  to  sell  milk 
in  the  City  of  Lexington.  Provided,  however,  that  before  the  revoking  of  such 
permit,  the  dairyman,  or  other  party  interested,  shall  be  given  a hearing,  with 
the  right  of  appeal  to  the  Board  of  Health,  the  Board  of  Commissioners,  and 
to  the  courts.  In  cases  where  there  is  danger  of  a contagious  or  infectious  dis- 
ease, however,  the  permit  shall,  after  notice,  be  temporarily  revoked,  pending 
such  appeal  unless  the  herd  is  removed  to  another  place,  as  provided  in  sub- 
paragraph  “d.” 

(f)  Milkers,  and  those  engaged  in  the  handling  of  milk  or  cream,  shall 
maintain  strict  cleanliness  of  their  hands  and  person  while  milking  or  while  so 
engaged.  The  receptacles  for  milk  and  all  cans  for  carrying  and  delivering  the 
same  shall  be  thoroughly  cleansed  with  hot  water  and  soap,  or  efficient  washing 
powder,  and  be  rinsed  with  boiling  water,  or  steamed  thoroughly,  before  £ach 
milking  or  before  each  use. 

(g)  Every  person  keeping  cows  for  the  production  of  milk  for  sale  in 
the  City  of  Lexington  shall  cause  them  to  be  kept  clean  at  all  times,  and  shall 
cause  the  teats  and  udders  to  be  carefully  cleansed  by  brushing,  washing  or 
wiping  before  milking,  and  shall  cause  each  of  said  cows  to  be  properly  fed  and 
watered. 

(h)  Any  person  using  any  premises  for  keeping  cows  for  dairy  purposes, 
shall  provide  and  use  a sufficient  number  of  receptacles  of  non-absorbent  material 
for  the  reception,  storage,  and  delivery  of  milk,  and  shall  keep  them  clean  and 
wholesome  at  all  times,  and  at  milking  time  shall  remove  each  receptacle,  as 
soon  as  filled,  from  the  room  or  stable  in  which  the  cows  are  kept ; nor  shall 
any  milk  or  cream  be  stored  or  kept  within  any  room  used  for  stabling  cows  or 
other  domestic  animals. 

( i ) It  shall  be  the  duty  of  every  person  having  charge  or  control  of  any 
premises  upon  which  cows  are  kept  for  the  production  of  milk  for  sale  in  the 
City  of  Lexington,  to  notify  the  Health  Officer  of  the  City  of  Lexington  of  the 
existence  of  any  contagious  or  infectious  disease  among  such  cows,  by  letter  de- 
livered or  mailed  within  twenty-four  (24)  hours  after  the  discovery  thereof,  or  in 
person,  and  to  thoroughly  isolate  any  cow  or  cows  so  diseased,  or  which  may 
reasonably  be  believed  to  be  infected,  and  to  exercise  such  other  precautions  as 
may  be  directed,  in  writing,  by  the  Health  Department. 


22 


BOARD  OF  HEALTH 


Ch.  2_ 


7.  Milk  dealers,  restaurateurs,  hotel  keepers,  bar-keepers,  and  other  per- 
sons keeping  milk  for  sale,  shall  keep  and  serve  the  milk  at  all  times  free  from 
contamination,  in  clean  vessels ; and  no  consumer  of  milk  shall  deliver  back  to  a 
dairyman  or  milk  dealer  any  bottle  or  can  which  is  not  clean,  and  no  dairyman 
or  milk  dealer  shall  use  or  refill  any  bottle  or  other  receptacle  received  from  a 
milk  patron  until  the  same  has  been  thoroughly  steamed  or  scalded. 

8.  It  shall  be  the  duty  of  any  physician  holding  a permit  to  practice  in 
the  City  of  Lexington  to  immediately  report  to  the  Health  Officer  whenever  such 
physician  shall  suspect  the  existence  of  any  communicable  disease  existing  in 
the  employer’s  family  of  any  dairyman  or  milk  dealer  or  other  handler  of  milk 
for  sale. 

9.  Where  a sample  of  milk  or  other  food  or  drug  has  been  examined, 
and  where  it  is  the  intention  of  the  Health  Officer,  or  any  other  city  official,  to 
make  publication  of  the  findings,  as  soon  after  the  examination  as  possible,  he 
shall  transmit  to  the  person  from  whom  the  sample  was  taken  a copy  of  the 
results  of  the  examination,  and  if  such  party  or  parties  ask  for  further  examina- 
tion before  publication,  such  exmainations,  sufficient  in  number  to  determine  the 
actual  condition  of  the  product  when  sold  in  the  market,  shall  be  made,  and, 
when  published,  the  publication  shall  include  all  examinations  or  such  average 
as  will  show  the  exact  condition  of  the  product  as  determined  by  all  of  the 
examinations.  At  least  six  examinations  shall  be  made  monthly  of  any  milk 
sold  in  the  City  of  Lexington  as  certified  milk,  and  the  product  sold  as  certified 
milk  shall  be  judged  by  the  standard  which  is  established  by  the  Medical  Milk 
Commission,  under  which  the  certificate  is  granted. 

10.  In  the  enforcement  of  this  and  other  sections  of  this  ordinance,  if 
the  objection  to  the  milk  is  based  upon  the  bacteriological  count,  sufficient 
bacteriological  counts  shall  be  made  of  milks  actually  obtained  from  the  market, 
as  well  as  of  milks  from  different  sources  in  the  dairy  and  the  distribution,  if 
the  dairyman  desire,  to  determine  as  to  whether  or  not  the  high  count  is  the 
exception  or  the  rule  in  connection  with  the  dairy ; provided,  however,  that 
nothing  in  this  section  or  in  any  other  section  of  this  ordinance,  shall  be  con- 
strued to  prohibit  the  Health  Officer  from  giving  warning  concerning  certified 
milk,  or  other  milk,  sold  in  the  City  of  Lexington,  when  any  contagious  or 
infectious  disease  in  connection  with  the  cattle,  or  the  persons  employed  in  con- 
nection with  the  handling  of  the  milk,  or  other  dangers  to  the  public  health  are 
apparent,  or  from  the  immediate  revoking,  temporarily,  of  the  permit  in  all 
instances  where  such  danger  is  determined. 

11.  In  collecting  samples  of  milk  and  milk  products  for  examination,  if 
the  sample  is  intended  for  bacteriological  examination,  the  inspector  shall  take 
the  same  in  as  sterile  a manner  as  possible  so  as  to  prevent  contamination  at  the 
time  of  taking  the  sample.  If  the  sample  is  not  taken  in  the  original  bottle  or 
other  package,  it  shall  be  taken  with  sterile  tubes  or  other  sterile  instruments, 
and  placed  in  a sterile  receptacle;  and  all  such  samples  intended  for  bacteri- 
ological examination,  unless  they  are,  as  in  the  case  of  original  containers  of 
ice  cream,  packed  in  iced  containers  of  their  own,  shall  be  immediately  put  into 
a box  or  other  receptacle  containing  sufficient  ice,  and  which  shall  be  so  con- 
structed and  iced  as  to  maintain  a temperature  under  56  degrees  Fahrenheit,  and 
which  such  box  or  other  receptacle  shall  have  a close-fitting  lid. 

12.  Any  person,  firm,  company  or  corporation  who  shall  violate  any 
of  the  foregoing  provisions  of  section  27,  shall,  upon  conviction,  be  fined 
for  such  offense  not  less  than  ten  ($10.00)  dollars,  nor  more  than  one  hundred 
($100.00)  dollars. 


Ch.  2. 


BOARD  OF  HEALTH 


23 


Sec.  28. — Regulating  Sanitary  Conditions  of  Food  Products.  1.  Every 
building,  room,  basement  or  cellar  occupied  by  or  used  as  a bakery,  confection- 
ary, cannery,  packing  house,  slaughter  house,  dairy,  creamery,  cheese  factory, 
restaurant,  hotel,  grocery,  meat  market,  or  other  place  or  apartment  used  for 
the  preparation  for  sale,  manufacture,  packing,  storing,  sale  or  distribution  of 
any  food,  shall  be  properly  lighted,  drained,  plumbed  and  ventilated,  and  con- 
ducted with  strict  regard  to  the  influence  of  such  condition  upon  the  health  of 
the  operatives,  employes,  clerks  or  other  persons  therein  employed,  and  the 
purity  and  wholesomeness  of  the  food  therein  produced ; and  for  the  purpose 
of  this  ordinance  the  term  ‘‘food”  as  used  herein  shall  include  all  articles  used 
for  food,  drink,  confectionery,  or  condiment,  whether  simple,  mixed  or  com- 
pound and  all  substances  or  ingredients  used  in  the  preparation  thereof. 

2.  The  floors,  walls,  ceilings,  furniture,  receptacles,  impliments  and  ma- 
chinery of  every  establishment  or  place  where  food  is  manufactured,  packed, 
stored,  sold  or  distributed,  and  all  cars,  trucks  and  vehicles  used  in  the  trans- 
portation of  food  products,  shall  at  no  time  be  kept  in  unclean,  unhealthful  and 
unsanitary  condition,  and  for  the  purpose  of  this  ordinance,  unclean,  unhealthful 
and  unsanitary  conditions  shall  be  deemed  to  exist  if  food  in  the  process  of 
manufacture,  preparation,  packing,  storing,  sale,  distribution  or  transportation 
is  not  securely  protected  from  flies,  dust,  dirt,  and  as  far  as  may  be  necessary, 
by  all  reasonable  means,  from  all  other  foreign  or  injurious  contamination ; and 
if  the  refuse,  dirt  and  the  waste  products  subject  to  decomposition  and  fermenta- 
tion incident  to  the  manufacture,  preparation,  packing,  storing,  selling,  distrib- 
uting and  transporting  of  food,  are  not  removed  daily ; and  if  all  trucks,  trays, 
boxes,  baskets,  buckets,  and  other  receptacles,  chutes,  platforms,  racks,  tables, 
shelves,  and  all  knives,  saws,  cleavers  and  other  utensils  and  machinery  used  in 
moving,  handling,  cutting,  chopping,  mixing,  canning  and  all  other  processes  are 
not  thoroughly  cleaned  daily,  and  if  the  clothing  of  operatives,  employes,  clerks, 
and  other  persons  therein  employed  is  unclean. 

3.  The  walls  and  ceilings  of  every  bakery,  confectionery,  creamery,, 
cheese  factory,  hotel  and  restaurant  kitchen  shall  be  well  plastered,  wainscoted, 
or  ceiled  with  metal  or  lumber,  and  shall  be  oil  painted  or  kept  well  lime  washed, 
and  all  interior  wood  work  in  every  bakery,  confectionery,  creamery,  cheese 
factory,  hotel,  restaurant  kitchen  shall  be  kept  well  oiled,  or  painted  with  oil 
paints,  and  be  kept  washed  clean  with  soap  and  water ; and  every  building,  room, 
basement  or  cellar  occupied  or  used  for  the  preparation,  manufacture,  packing, 
storage,  sale  or  distribution  of  food,  shall  have  an  impermeable  floor  made  of 
cement  or  tile  laid  in  cement,  brick,  wood  or  other  suitable  non-absorbent  mate- 
rial which  can  be  flushed  and  washed  clean  with  water. 

4.  The  doors,  windows  and  other  openings  of  every  food-producing  or 
distributing  establishment  during  the  fly  season  shall  be  fitted  with  self-closing 
screen  doors  and  wire  window  screens  of  not  coaser  than  fourteen  (14)  mesh 
wire  gauze. 

5.  Every  building,  room,  basement  or  cellar  occupied  or  used  for  the 
preparation,  manufacture,  packing,  canning,  sale  or  distribution  of  food,  shall 
have  convenient  toilet  rooms  separate  and  apart  from  the  room  or  rooms  where 
the  process  of  production,  manufacture,  packing,  canning,  selling  or  distributing 
is  conducted.  The  floors  of  such  toilet  rooms  shall  be  of  cement,  tile,  wood, 
brick  or  other  non-absorbent  material  and  shall  be  washed  and  scoured  daily. 
Such  toilet  or  toilets  shall  be  furnished  with  separate  ventilating  flues  or  pipes, 
discharging  into  soil  pipes,  or  on  the  outside  of  the  building  in  which  they  are 
situated.  Lavatories  and  wash-rooms  shall  be  adjacent  to  the  toilet  rooms,  and 
shall  be  supplied  with  soap,  running  water  and  towels  and  shall  be  maintained 


24 


BOARD  OF  HEALTH 


Ch.  2. 


in  a sanitary  condition.  Operatives,  employes,  clerks  and  all  persons  who  handle 
the  material  from  which  food  is  prepared,  as  the  finished  product,  before  begin- 
ning work,  or  after  visiting  toilet  or  toilets,  shall  wash  their  hands  and  arms 
thoroughly  in  clean  water. 

6.  Cuspidors  for  the  use  of  operatives,  employes,  clerks  or  other  persons, 
shall  be  provided  whenever  necessary,  and  each  cuspidor  shall  be  thoroughlv 
emptied  and  washed  out  daily  with  disinfectant  solution,  and  five  ounces  of  such 
solution  shall  be  left  in  each  cuspidor  while  it  is  in  use.  No  operative,  employe 
or  other  person  shall  expectorate  on  the  floor  or  walls  of  any  building,  roo'm, 
basement, or  cellar  where  the  production,  manufacture,  packing,  storing,  prepa- 
ration or  sale  of  any  food  is  conducted. 

7-  No  person  or  persons  shall  be  allowed  to  live  or  sleep  in  any  work- 
room of  a bakery,  kitchen,  dining  room,  confectionery,  creamery,  cheese  factory, 
or  place  where  food  is  prepared  for  sale,  sferved  or  sold. 

8.  No  employer  shall  require,  permit  or  suffer  any  person  to  work,  nor 
shall  any  person  work,  in  a building,  room,  basement,  cellar  or  vehicle  occupied 
or  used  for  the  production,  preparation,  manufacture,  packing,  storage,  sale,  dis- 
tribution and  transportation  of  food,  who  is  affected  with  any  venereal  disease, 
smallpox,  diptheria,  scarlet  fever,  yellow  fever,  tuberculosis  or  consumption, 
bubonic  plague,  Asiatic  cholera,  leprosy,  trachoma,  typhoid  fever,  epidemic 
dysentery,  measles,  mumps,  German  measles,  whooping-cough,  chicken-pox,  or 
other  infectious  or  contagious  disease. 

9.  The  Health  Officer  of  the  City  of  Lexington,  or  other  agents  of  the 
Board  of  Commissioners,  shall  have  full  power  at  all  times  to  enter  every  build- 
ing, room,  basement,  or  cellar  occupied  or  used  or  suspected  of  being  occupied 
or  used  for  the  production  for  sale,  manufacture  for  sale,  storage,  sale  distribu- 
tion or  transportation  of  food,  and  to  inspect  the  premises  and  all  utensils,  fix- 
tures, furniture  and  machinery  used  as  aforesaid,  and  if  upon  inspection  any 
food  producing  or  distributing  establishment,  conveyance,  employer,  operative, 
employe,  clerk,  driver,  or  other  person  is  found  to  be  violating  any  of  the  pro- 
vision of  this  section,  or  if  the  production,  preparation,  manufacture,  packing, 
storing,  sale,  distribution  or  transportation  of  food  is  being  conducted  in  a man- 
ner detrimental  to  the  health  of  the  employes  and  operatives,  or  to  the  character 
or  quality  of  the  food  therein  produced,  manufactured,  packed,  stored,  sold,  dis- 
tributed or  conveyed,  the  Health  Officer  or  the  inspector  making  the  examina- 
tion or  inspection  shall  furnish  evidence  of  said  violation  to  the  City  Attorney, 
who  shall  prosecute  all  persons  violating  any  of  the  provisions  of  this  section ; 
provided,  however,  that  as  a constructive  administrative  means,  under  this  sec- 
tion, and  for  such  purpose  only,  the  Health  Officer  may  issue  a notice  to  the 
person  or  persons  in  authority  at  the  aforesaid  establishment  to  abate  the  con- 
dition, or  to  make  such  improvements  as  may  be  necessary  to  abate  it,  within  a 
period  of  such  reasonable  time  as  the  Health  Officer  may  direct.  Such  notice 
shall  be  in  writing,  and  the  person  receiving  the  notice  may,  within  five  (5)  davs 
from  the  issuance  of  the  notice,  appear  in  person  or  by  attorney,  before  the 
Health  Officer  and  the  Mayor  of  Lexington,  to  give  reason  why  such  notice 
or  instructions  shall  not  be  obeyed. 

10.  Any  and  all  places  producing,  handling,  transporting  food  for  sale  in 
the  city  of  Lexington,  whether  located  in  the  city  or  not,  shall,  as  a requisite  for 
the  sale  of  food  in  the  city  of  Lexington,  be  open  to  inspection  as  provided  in 
this  section.  And  any  person  who  shall  offer  for  sale  in  the  city  of  Lexington, 
and  concerning  which  sanitary  inspection  has  been  denied,  as  provided  in  this 
section,  shall,  upon  conviction,  be  subject  to  the  penalties  provided  for  violations 
of  provisions  of  this  section. 


Ch.  2. 


BOARD  OF  HEALTH 


25; 


11.  Any  person  who  violates  any  of  the  provisions  of  this  section  shall  be 
guilty  of  a misdemeanor,  and,  upon  conviction,  shall  be  punished  by  a fine  of 
not  less  than  ten  dollars  ($10.00),  nor  more  than  one  hundred  dollars  ($100.00),. 
or  be  imprisoned  not  to  exceed  fifty  (50)  days,  or  both  such  fine  and  imprison- 
ment. 

Sec.  29.  Cold  Storage.  1.  All  cold  storage  meats,  eggs,  poultry,  fish,, 
ice  cream,  and  other  cold  storage  animal  products  shall  be  plainly  labeled  or 
branded  to  show  the  facts  of  cold  storage  to  the  consuming  public.  The  term 
“cold  storage”  shall  be  construed  to  mean  the  storing  and  preservation  of  food 
products  by  cold.  Except,  however,  such  labeling  and  branding  shall  not  be 
necessary  where  the  ice  or  refrigeration  is  incident  to  the  preservation  of  the 
fresh,  unstored  product  from  the  producer  to  the  consumer,  and  without  un- 
necessary delay. 

2.  No  retailer  shall  handle  cold  storage  products,  or  other  products  re- 
quired to  be  preserved  with  ice,  without  efficient  icing  arrangements  or  re- 
frigeration therefor.  All  such  products  shall  not  be  exposed  to  warm  tem- 
perature, and  shall  be  handled  as  otherwise  specified  in  the  sanitary  provisions 
of  the  health  code  of  the  city  of  Lexington,  and  the  laws  of  the  state. 

3.  No  product  shall  be  served  or  sold  in  the  city  of  Lexington  which  has 
been  once  removed  from  cold  storage  and  exposed  in  the  retail  markets  for  sale, 
and  sent  back  into  cold  storage ; this  to  include  turkeys,  chickens,  and  similar 
products  which  are  taken  out,  for  example,  for  the  Thanksgiving  and  other 
markets,  and  exposed  in  the  retail  market,  and  which,  not  being  sold,  are  re- 
turned to  storage,  for  the  Christmas  or  other  markets.  Cold  storage  foods 
shall  be  delivered  direct  from  cold  storage,  through  proper  facilties  and  sani- 
tary conditions  in  the  retail  market,  to  the  consuming  public,  and  the  sale  of  any 
such  product  which  has  been  subjected  to  any  condition  which  would  render  it 
contaminated,  unwholesome,  or  unfit  for  food,  shall  be  prohibited. 

4.  The  signs  and  labeling,  as  specified  herein,  shall  obtain  with  respect 
to  products  coming  into  Lexington,  between  the  producer  or  packer  and  the 
wholesale  trade,  between  the  wholesale  trade  and  the  retail  trade,  and  between' 
the  retail  trade  and  the  general  public.  Restaurants  and  hotels  supplying  such 
stored  products  shall  display  signs  on  the  menu,  or  otherwise,  to  that  effect.  No 
product  shall  be  sold  as  “fresh,”  “strictly  fresh,”  “from  the  country,”  or  by 
similar  description,  which  is  a stored  product,  or  which  is  not  as  represented ; 
nor,  on  the  other  hand,  shall  any  product  be  sold  as  a cold  storage  which  such 
is  not  the  case,  or  which  has  been  so  exposed  or  kept  as  to  deteriorate  in  quality 
after  leaving  cold  storage,  but  shall  have  such  additional  facts  stated  on  the 
signs  and  labeling  in  the  manner  as  may  be  directed  by  the  Board  of  Health. 

5.  Any  person  who  violates  any  of  the  provisions  of  this  section  shall  be 
guilty  of  a misdemeanor,  and,  upon  conviction,  shall  be  punished  by  a fine  of  not 
less  than  ten  ($10.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dollars,  or 
be  imprisoned  not  to  exceed  fifty  (50)  days,  or  both  such  fine  and  imprisonment. 

Sec.  30.  Adulterated  Food.  1.  Whenever  the  Health  Officer,  or  any 
of  his  employes,  shall  find  any  article  of  milk,  meat,  or  other  food  which  is  adul- 
terated within  the  meaning  of  this  ordinance,  or  any  article  or  substance  which 
is  detrimental  to  public  health,  such  article  shall  be  tagged  or  otherwise  properly 
marked,  giving  notice  that  the  product  is  suspected  of  being  adulterated  or  detri- 
mental to  public  health,  and  warning  all  persons  not  to  remove  the  same  until 
given  permission  by  the  Health  Officer  or  the  courts,  and  it  shall  be  unlawful 
for  any  person  or  persons,  firm  or  corporation  to  remove  or  otherwise  dispose  of 
same  in  violation  of  this  section,  and  any  person  or  persons,  firm  or  corporation 
doing  so  shall  be  fined  not  less  than  ten  ($10.00)  dollars,  nor  more  than  fifty 


26 


BOARD  OF  HEALTH 


Ch.  2. 


($50.00)  dollars,  or  be  imprisoned  not  to  exceed  fifty  (50)  days,  or  both  such 
fine  and  imprisonment. 

2.  Such  tag  or  notice  shall  give  notice  that  the  article  has  been  quaran- 
tined. The  Health  Officer  or  his  employes  shall  then  petition  the  Judge  of  the 
Police  Court  for  the  condemnation  and  destruction  of  any'  such  product.  The 
owners  or  defenders  of  any  such  product  or  property  shall  be  given  the  right  to 
a hearing,  first  before  the  Health  Officer, if  they  so  desire,  and  before  the  court. 
The  notice  of  a hearing  to  be  before  the  Health  Officer  shall  also  state  the 
length  of  time  within  which  such  hearing  may  be  had. 

3.  In  case  the  finding  of  the  court  is  with  the  Health  Officer,  the  article 
shall  be  destroyed  by  the  Health  Department,  at  the  expense  of  the  owner  of  the 
property  under  the  supervision  of  the  Health  Department,  and  in  such  case  all 
other  costs  shall  be  taxed  against  the  owners  or  defenders  of  the  property,  if 
such  appear,  or  shall  be  collected,  if  no  one  appear,  against  the  owner  or  agent 
properly  ascertained. 

Sec.  31.  Permit  to  Sell  Food.  No  person  shall  bring  any  fresh  meat, 
poultry,  fish,  ice  cream,  or  other  fresh  meat  and  meat  product  into  the  city  of 
Lexington  for  sale  without  a permit  so  to  do  from  the  Health  Officer;  and  no 
person  shall  operate  any  place  where  fresh  meat,  poultry,  fish,  ice  cream,  or  other 
fresh  meat  or  meat  product  is  produced,  prepared,  kept,  offered  for  sale,  or  sold 
in  the  City  of  Lexington,  or  any  soda  fountain,  pop,  or  other  bottling  factory, 
or  other  place  where  foods  are  produced,  prepared,  stored,  kept  or  offered  for 
sale,  except  foods  which,  from  their  method  of  packing,  and  by  reason  of 
handling  in  original  packages,  are  not  subject  to  contamination,  without  a per- 
mit so  to  do  from  the  Health  Officer.  Such  permit  shall  be  issued  annually  by 
the  Health  Officer,  free  of  charge,  subject  to  the  approval  of  the  Board  of 
Health  and  the  Board  of  Commissioners,  and  only  upon  the  Health  Officer  and 
the  Board  of  Commissioners  being  satisfied  that  the  place  where  any  such 
products  are  being  produced,  prepared,  stored,  kept,  or  offered  for  sale,  is 
operated  and  maintained  in  a condition  as  provided  for  in  other  provisions  of 
this  ordinance,  and  that  such  place  has  the  equipment  and  method  necessary  for 
+he  maintenance  of  sanitary  conditions  throughout.  And  whenever,  such  sani- 
tary conditions  as  provided  in  this  ordinance,  shall  be  found  not  to 
exist,  such  permit  shall  be  revoked,  provided,  however,  that  before 
the  revokal  of  such  permit  the  party  or  parties  at  interest  shall 
be  given  a notice  of  the  conditions  complained  of,  together  with 
statement  of  a time  within  which  the  conditions  shall  be  corrected,  and  if,  after 
such  notice,  conditions  are  not  corrected,  then  shall  the  permit  be  revoked,  but 
the  party  or  parties  at  interest  shall  have  the  right  to  appeal  to  the  Board  of 
Health,  the  Board  of  Commissioners  and  to  the  courts.  Such  permit  shall  be 
renewed  annually  on  the  first  day  of  April  to  be  valid,  and  the  payment  of  any 
license  fee  to  the  city  of  Lexington  shall  not  entitle  the  holder  of  such  license  to 
operate  any  business  for  which  a sanitary  permit  is  required  in  this  ordinance, 
unless  such  party  or  parties  also  comply  with  the  conditions  necessary  for  the 
sanitary  permit.  Any  person  or  persons  bringing  for  sale  in  the  City  of  Lexing- 
ton, or  selling  any  such  products  as  mentioned  in  this  section  without  a permit 
so  to  do,  or  after  such  permit  shall  have  been  revoked,  shall,  upon  conviction, 
be  fined  not  less  than  ten  ($10.00)  dollars,  nor  more  than  one  hundred  ($100.00) 
dollars  for  each  offense,  and  each  day’s  time  shall  constitute  a separate  offense. 

Sec.  32.  Inspection  of  Slaughter  Houses  and  Animals  for  Slaughter. 

The  Health  Officer  and  the  meat  and  milk  inspector,  acting  under  his  direction, 
in  addition  to  the  inspections  provided  for  in  this  ordinance,  shall  inspect  all 
slaughter-houses,  slaughtering  meat  for  sale  in  the  City  of  Lexington.  And, 


Ch.  2. 


BOARD  OF  HEALTH 


27 


until  the  city  provides,  by  a municipal  abattoir,  or  other  means,  for  meat  inspec- 
tion, shall  as  far  as  possible,  inspect  all  animals  intended  for  slaughter  and  for 
sale  in  the  City  of  Lexington,  and  carcasses  of  same,  and  all  meats  sold  in  the 
City  of  Lexington,  under  the  meat  inspection  rules  and  regulations  as  adopted 
under  the  law  by  the  State  Board  of  Health,  and  the  Director  of  the  Kentucky 
Agricultural  Experiment  Station,  with  respect  to  such  inspections  and  the  pro- 
visions of  this  ordinance  applying. 

Sec.  33.  Samples  for  Examination.  Dairymen  and  other  food  dealers,  on 
being*  tendered  the  market  price,  shall  deliver  to  the  Health  Officer  or  other  au- 
thorized agents  of  the  City  of  Lexington,  a sufficient  sample  of  food  for  examina- 
tion under  this  ordinance.  Such  Health  Officer,  or  other  authorized  agents, 
shall  take,  or  know  that  there  has  been  taken,  a sample  which  is  representative 
of  the  food. as  actually  sold  on  the  market.  No  dairyman  or  other  food  dealer 
shall  treat  or  in  any  way  tamper  with  a sample  of  food  delivered  to  such  Health 
Officer,  or  agents,  or  in  any  way  provide  a sample  of  milk  or  other  food  so 
treated  or  tampered  with  as  to  have  the  examination  and  analysis  not  show  the 
actual  condition  of  the  product  as  sold  in  the  market.  The  work  of  inspection 
and  examination  under  this  ordinance  shall,  in  no  way,  be  employed  so  as  to  give 
special  advantage  to  any  individual  or  any  firm,  in  the  sale  of  foods.  The  in- 
spectors, bacteriologists,  chemists  and  others  operating  under  this  ordinance 
shall,  as  far  as  possible,  help  any  dairyman  or  other  food  dealer  in  locating  the 
cause  of  trouble  but  any  such  help  or  assistance  shall  not  be  used  for  private 
advertisement,  except  in  cases  where  the  certificate  of  the  Health  Officer  is  re- 
quired to  certify  that  a product  or  a process  is  clean  and  wholesome.  All  such 
help  or  assistance  given  one  individual  or  firm  shall,  likewise,  be  at  the  service 
of  all  individuals  or  firms. 

Sec.  34.  Any  person  violating  any  part  of  this  section,  shall  upon  convic- 
tion, be  fined  not  less  than  fifty  ($50.00)  dollars,  nor  more  than  one  hundred 
($100.00)  dollars ; and  in  the  case  of  dairyman  or  food  dealer,  in  addition  to  such 
fine,  he  shall  be  refused  a permit  to  do  business  in  the  City  of  Lexington ; and  in 
the  case  of  an  employe  or  agent  of  the  City  of  Lexington,  in  addition  to  such  fine, 
he  shall  be  discharged  from  such  agency  or  employment. 

Sec.  35.  The  word  “person”  as  used  anywhere  in  this  ordinance  (Sec- 
tions 14  to  34)  shall  be  construed  to  mean  any  person,  persons,  firm  or 
corporation,  who  shall  commit,  or  be  responsible  for  the  committing,  of  any  acts 
which  are  made  unlawful  herein. 


28  BUILDINGS— PRIVATE  BUILDINGS. 

CHAPTER  3. 

BUILDINGS— PRIVATE  BUILDINGS. 

Sec.  36.  Permits.  Hereafter  no  building  or  improvement  shall 
he  erected  nor  any  improvement  be  made  on  any  building  already  erected,  nor 
shall  any  excavations  of  any  nature  whatsoever  be  made  in  the  streets,  sidewalks 
•or  alleys  within  the  limits  of  the  City  of  Lexington  until  the  person  or  persons 
desiring  to  erect  or  improve  said  buildings  or  to  make  such  excavation  in  the 
streets,  sidewalks  or  alleys  shall  have  first  obtained  from  the  Superintendent  of 
Public  Works  written  permission  to  erect  or  improve  said  buildings  or  to  exca- 
vate said  streets,  sidewalks  or  alleys,  and  until  said  written  permission  shall 
have  been  endorsed  by  the  Mayor  of  the  City  of  Lexington  and  the  City  En- 
gineer. (But  See  Sec.  56.) 

Sec.  37.  Bonds.  No  building  shall  be  erected  nor  improvement  made  nor 
shall  any  excavations  be  made  in  the  streets,  sidewalks,  or  alleys  until  the  person 
or  persons,  firms  or  corporation  desiring  to  engage  in  said  work  shall  have 
first  executed  to  the  City  of  Lexington,  a bond  with  good  and  sufficient  surety, 
to  be  approved  by  the  Mayor,  that  said  person  or  persons,  firm  or  corporation 
shall  indemnify  the  City  of  Lexington,  against  any  and  all  damages  that  may 
result  to  either  person  or  property  during  the  progress  of  said  work ; and  said 
bond  shall  contain  the  further  stipulation  that  in  the  event  the  City  of  Lexington 
be  made  a party  defendant  on  account  of  any  damages  resulting  to  either  person 
or  property  that  said  person  or  persons,  firm,  association,  company  or  corpora- 
tion shall  agree  to  be  made  a party  defendant  to  said  suit  and  to  defend  the 
City  of  Lexington  against  any  and  all  damages  that  may  result.  And  further 
contain  the  stipulation  that  in  the  event  that  judgment  be  rendered  against  said 
City  for  damages  resulting  from  the  negligence  of  said  person  or  persons,  or 
their  agents  or  employes,  that  they  shall  pay  the  damages  and  court  costs  re- 
sulting from  said  negligence. 

Sec.  38.  Encroachment  on  Street.  It  shall  be  the  duty  of  the  City  En- 
gineer upon  a notice  of  the  Superintendent  of  Public  Works,  to  visit  the  location 
and  to  take  notice  that  the  said  contemplated  building  shall  not  encroach  upon 
any  of  the  streets  of  the  City. 

Sec.  39.  Encroachment  on  Sidewalk.  It  shall  be  unlawful  here- 
after to  erect  any  buildings  with  windows  or  steps  extending  over, 
on  or  out  upon  the  sidewalk  or  to  construct  steps  leading  into  a 
cellar  or  basement  on  any  part  of  the  sidewalk  between  the  prop- 
erty line  thereof  and  the  curb,  or  to  construct  or  to  permit  any  other  construc- 
tions on  or  in  said  sidewalks.  The  heights  of  steps  now  reaching  out  upon  said 
sidewalks  from  houses  built  on  the  line  thereof  and  facing  the  house  shall  not 
be  increased  by  additional  steps,  encroaching  still  further  on  the  sidewalks, 
but  where,  by  reason  of  lowering  the  grade  of  any  sidewalk,  additional  steps 
become  necessary,  all  of  the  steps  shall  be  turned  sideways,  so  as  to  be  at  right 
angles  with  the  walls  of  said  house  in  place  of  parallel  with  and  facing  same, 
and,  then,  provided  such  a step  at  right  angles  with  the  walls  shall  not  increase 
its  extension  upon  the  side  pavement,  nor  shall  such  steps,  when  changed  in 
accordance  with  this,  take  up  more  than  five  feet  of  the  sidewalk  from  the 
building.  Any  person  failing  to  comply  with  the  provisions  of  this  section  shall 
be  subject  to  a fine  of  five  ($5.00)  dollars,  and  every  day  that  such  windows, 
steps  or  other  obstructions  shall  remain  contrary  to  these  provisions  named 
herein,  shall  be  considered  a separate  offense. 


Ch.  3. 


BUILDINGS— PRIVATE  BUILDINGS. 


29 


Sec.  40.  The  Superintendent  of  Public  Works  shall  issue  no  permit  for  the 
erection  of  any  building  which  in  his  judgment  will  seriously  endanger  adjacent 
property,  or  which,  from  the  plans  and  specifications  furnished  would,  in  his 
opinion,  be  unsafe  for  occupancy  after  the  same  was  erected. 

Sec.  41.  Any  violation  of  the  provisions  of  any  of  the  foregoing  sections 
shall  be  punished  by  a fine  of  not  less  than  five  ($5.00)  dollars  nor  more  than  fifty 
($50.00)  dollars,  and  where  said  violations  are  continuous,  each  day  shall  con- 
stitute a separate  offense. 

Sec.  42.  Unsafe  Buildings.  Whenever,  in  the  opinion  of  the 
Superintendent  of  Public  Works,  any  building  or  superstructure  of  any 
kind,  or  the  walls  or  any  part  thereof,  shall  become  dangerous  to 
the  occupants  of  said  buildings  or  superstructure,  or  to  those  pass- 
ing or  repassing  the  same,  he  shall  notify  the  owner  of  said  build- 
ing or  superstructure  or  the  person  in  charge,  to  at  once  repair  or  tear 
down  the  same,  as,  in  his  opinion,  may  be  necessary  to  avert  or  remove  said 
danger.*  And  if  said  order  be  not  at  once  complied  with,  he  shall  notify  the 
City  Attorney,  in  writing,  of  the  facts  in  the  case,  whereupon  it  shall  be  the 
duty  of  the  City  Attorney  to  file  an  information  to  the  police  on  behalf  of  the 
City  against  the  owners  or  occupants  of  such  building,  in  which  information 
the  dangerous  condition  of  the  building  shall  be  stated,  and  upon  a summons 
being  duly  served  upon  the  occupants  and  such  of  the  owners  as  reside  in  this 
State  to  answer  such  information  a jury  shall  be  empanelled  in  said  court  to 
decide  whether  the  building  is  in  danger  of  falling,  and  whether,  in  falling,  per- 
sons passing  be  endangered  thereby;  and  if  the  jury  so  find,  judgment  shall  be 
entered  that  the  said  building  be  pulled  down,  and  a copy  of  said  judgment, 
delivered  to  the  Chief  of  Police,  who  shall  be  authorized  and  required  to  execute 
said  judgment. 

If  the  owners  do  not  pull  down  the  building  in  pursuance  of  said  judg- 
ment, but  the  same  is  pulled  down  by  the  Chief  of  Police,  he  shall  proceed  to 
sell  the  material  of  said  building  at  public  auction  in  the  same  manner  as  goods 
taken  under  execution,  and  return  the  proceeds  of  sale  to  the  Police  Court, 
together  with  the  amount  of  his  expenses  in  executing  the  judgment,  and  the 
court  shall  thereupon  make  to  him  an  allowance  for  all  expenses  in  executing 
the  judgment  out  of  the  proceeds  of  the  sale  and  cause  the  balance  to  be  either 
paid  to  the  owner  or  deposited  to  the  credit  of  such  in  some  bank  in  the  City 
of  Lexington. 

Where  the  owners  are  non-residents  or  infants  and  do  not  appear,  the 
court  shall  appoint  an  attorney  to  defend  them  and  attend  to  their  interests, 
and  an  allowance  shall  be  made  to  such  attorney  out  of  the  proceeds  of  the  sale. 

Sec.  43.  Fires — Investigation  Of.  The  Chief  of  the  Fire 

Department  is  invested  with  the  power,  and  the  duty  is  imposed 
upon  him,  to  be  present  at  all  fires,  investigate  the  cause  thereof, 
examine  witnesses  and  papers  for  the  purpose  of  said  investigation, 
compel  the  appearance  and  production  of  witnesses  and  papers,  and 
do  and  perform  all  such  other  acts  as  may  be  necessary  to  the  effective 
discharge  of  such  duties,  and  is  empowered  to  administer  oaths,  make  arrests, 
issue  process  and  enter  any  building  for  the  purpose  of  examination,  and  when, 
in  his  opinion,  there  is  danger  of  fire  in  any  building,  to  enter  for  the  purpose 
of  examination. 

Sec.  44.  Any  person  interfering  with  or  resisting  the  Chief  of  the  Fire 
Department  in  the  discharge  of  the  duties  of  his  office  shall,  upon  conviction  be- 


30  BUILDINGS— PRIVATE  BUILDINGS.  Ch.  3. 

fore  the  court,  be  fined  in  any  sum  not  less  than  ten  ($10.00)  dollars  nor  more 
than  fifty  ($50.00)  dollars. 

Sec.  45.  It  shall  be  the  duty  of  the  Chief  of  the  Fire  Department  to 
cause  to  be  rigidly  enforced  the  Provisions  of  the  General  Statutes  of  Kentucky 
in  reference  to  fire  escapes. 

Sec.  46.  Renumbering  Houses.  Whenever,  in  the  opinion  of  the 
Superintendent  of  Public  Works,  it  shall  become  necessary  or  ad- 
visable to  re-number  the  houses  on  any  street,  or  to  have  them 
numbered  on  any  street  newly  laid  out,  he  shall  make  a list  of 
all  the  houses  on  said  street  and  designate  the  numbers  for  all  said  houses.  He 
must  thereupon  notify  the  owners,  or  occupants,  if  the  owner  be  a non-resident 
thereof,  to  have  numbers  displayed  on  said  houses.  He  shall  have  power  to 
require  the  owner  or  occupant  of  any  house  in  the  City  of  Lexington  from 
which  the  number  has  been  displayed  or  removed  to  cause  the  same  to  be  re- 
placed. Any  owner  or  occupant  of  a house  who,  being  notified  by  the  Super- 
intendent of  Public  Works  to  put  a number  on  a house  and  who  shall  fail  to  do 
so  within  five  (5)  days,  shall  be  subject  to  a fine  of  three  ($3.00)  dollars  for  each 
day  thereafter,  for  failing  to  obey  the  order  of  said  Superintendent  of  Public 
Works. 

Sec.  47.  Any  person  who  shall  unlawfully  deface  or  remove  any  number 
put  upon  a house  by  lawful  authority  shall  be  fined  three  ($3.00)  dollars  for  each 
offense. 

Sec.  48.  All  houses  in  the  city  of  Lexington  shall  be  numbered  at  the 
expense  of  the  owners  or  occupants  thereof  by  metal  plates  or  painting  or  em- 
blazoning on  the  glass  of  the  front  door.  When  vacant  ground  occurs  in  a 
block,  the  proper  allowance  of  twenty-five  feet  for  numbers  shall  be  made  for 
such  vacant  space.  The  houses  on  Main  street  and  all  parallel  therewith  shall 
be  numbered  east  and  west  from  Limestone  street  and  the  houses  on  Limestone 
street  and  all  streets  parallel  therewith  shall  be  numbered  north  and  south  from 
Main  street,  and  all  shall  be  so  numbered  that  the  even  numbers  shall  be  all  on 
the  south  and  east  sides  of  the  street  and  the  odd  or  uneven  numbers  shall  be  on 
the  north  or  west  side  of  the  street. 

Sec.  49.  Stables.  No  building  to  be  used  for  stables  shall  be  erected  and 
maintained  within  fifty  (50)  feet  of  any  permanent  improvement  already  erected 
unless  the  agent  or  owner  contemplating  the  erection  of  said  buildipg  shall  have 
first  obtained  permission  in  writing  of  all  parties  owning  permanent  structures 
within  a radius  of  fifty  (50)  feet  from  the  location  of  such  building.  A violation  of 
this  section  shall  be  punishable  by  fine  of  not  less  than  ten  ($10.00)  dollars,  nor 
more  than  one  hundred  ($100.00)  dollars.  And  each  and  every  day  that  any 
building  shall  exist  or  be  in  process  of  construction  in  violation  of  this  section 
shall  constitute  a separate  offense. 

Sec.  50.  The  Mayor,  (now  Commissioner  of  Public  Property)  shall  keep 
all  buildings  and  other  property  belonging  to  the  city  insured  in  some  responsible 
company,  and  the  Auditor  is  required  to  preserve  a record  of  the  same  in  a book 
to  be  kept  for  that  purpose,  showing  the  location  of  each  building  or  piece  of 
property,  to  whom  rented,  term  and  rate  and  the  company  in  which,  and  the 
amount  for  which  insured,  and  the  time  when  said  insurance  expires. 

Sec.  51.  Additional  Duties  of  the  Commissioner  of  Public  Works.  The 

Commissioner  of  Public  Works,  is  hereby  made  ex-officio  Building  Inspector 
of  the  City  of  Lexington,  Kentucky,  and  as  such  he  shall  perform  the  duties 
hereinafter  set  out. 


Ch.  3. 


BUILDINGS— PRIVATE  BUILDINGS. 


3i 

Sec.  52.  Powers.  Said  Building  Inspector  or  assistant  shall  have  the 
management  and  control  of  all  the  matters  and  things  pertaining  to  the  duties  of 
Building  Inspector.  Said  inspector  shall  be  a competent  inspector  of  all 
Branches  of  the  building  trade.' 

Sec.  53.  Said  Building  Inspector  shall  perform  and  discharge  such  duties 
and  powers  as  may  from  time  to  time  be  imposed  and  conferred  upon  him  by  the 
Ordinances  of  the  City  of  Lexington,  Ky.,  or  by  the  requirements  of  the  Com- 
missioners thereof. 

Sec.  54.  Fire  Limits.  All  of  the  portion  of  the  City  of  Lexington  em- 
braced in  the  following  described  limits  shall  be  known  and  designated  as  the 
fire  limits : Beginning  at  the  intersection  of  Water  and  Rose  Street ; thence  east 
with  the  C.  & O.  railroad  tracks  to  a point  on  a line  with  the  south  side  of  Short 
Street,  if  extended ; thence  west  with  Short  Street  to  Deweese  Street ; thence 
north  on  Deweese  Street  to  Third  Street ; thence  west  with  Third  Street  to 
Georgetown  Street ; thence  south  with  Georgetown  Street  to  Main  Street ; thence 
east  011  Main  Street  to  Merino  Street ; thence  south  on  Merino  Street  to  Maxwell 
Street ; thence  east  on  Maxwell  Street  to  Patterson  Street ; thence  south  on  Pat- 
terson Street  to  the  Q.  & C.  railroad  tracks ; thence  southeast  with  the  Q.  & C. 
railroad  tracks  to  South  Broadway ; thence  north  on  South  Broadway  to  Scott 
Avenue ; thence  east  on  Scott  Avenue  to  South  Limestone  Street ; thence  north 
on  South  Limestone  Street  to  Maxwell  Street ; thence  east  on  Maxwell  Street  to 
Rose  Street ; thence  north  on  Rose  Street  to  the  beginning. 

Sec.  55.  Ordinance  to  be  Printed.  The  Commissioners  shall  have  one 
thousand  (1,000)  copies  of  this  ordinance  printed  in  pamphlet  form,  same  to  be 
kept  for  distribution  by  the  Commissioner  of  Public  Works. 

Sec.  56.  Permits  Required.  No  person,  firm  or  corporation  shall  begin 
or  continue  the  erection,  alteration,  repair  or  removal  of  any  building  or  structure 
within  the  corporate  limits  of  the  City  of  Lexington,  Ky.,  without  first  having 
applied  for  and  obtained  a permit  to  do  so  from  the  Building  Inspector. 

Sec.  57.  To  Comply  With  Ordinance  Before  Issuing  Permit.  If  the  mat- 
ter mentioned  in  the  application  for  a permit,  or  the  plans  and  specifications 
filed  with  the  same,  indicate  to  the  Building  Inspector  that  the  work  to  be  done 
is  not  in  all  respects  in  accordance  with  the  provision  of  the  city  ordinances,  he 
shall  refuse  to  issue  a permit  therefor  until  the  same  has  been  made  to  comply 
when  he  shall  issue  the  permit. 

Sec.  58.  To  Approve  Plans  For — State  Reason.  The  Building  Inspector 
shall,  within  three  (3)  days  after  the  filing  of  plans,  specifications  and  statement, 
approve  the  same  or  indicate  in  writing  the  alterations  to  be  made  to  comply 
with  the  City  Ordinances. 

Sec.  59.  Notice  of  Proposed  Change  of  Plans.  If,  during  the  progress  of 
the  work  upon  any  structure,  it  is  desired  to  deviate  in  any  manner  from  the 
plans  and  specifications  upon  which  the  permit  was  issued,  notice  of  such  pro- 
posed change  must  be  filed  in  the  Building  Inspector’s  office,  and  his  written 
permit  obtained  therefor  before  such  alterations  are  made.  It  shall  be  unlawful 
to  erase,  alter  or  modify  any  line,  figure  or  coloring  contained  upon  such  drawings 
and  specifications  upon  which  the  Building  Inspector  has  issued  a permit  and 
placed  the  official  seal  of  his  office. 

Sec.  60.  Inspect  Buildings. — When.  The  Building  Inspector  may,  as  far 
as  necessary  for  the  performance  of  his  duties,  enter  any  building  or  premises 
within  the  corporate  limit  of  the  City  of  Lexington,  and  proper  and  safe  facilities 
for  inspection  shall  be  furnished. 


32 


BUILDINGS— PRIVATE  BUILDINGS. 


Ch.  3. 


Sec.  61.  To  Notify  Inspector — When.  No  building,  partition  or  struc- 
ture shall  be  coverel  by  lathing,  plastering,  sheathing  or  otherwise,  until  the 
Building  Inspector  has  been  notified,  and,  by  examination,  ascertain  whether  the 
said  building,  partition  or  structure  has  been  built  in  compliance  with  the  pro- 
visions of  this  ordinance;  and  if  so  he  shall  issue  certificates  to  the  effect  that 
the  said  building,  partition  or  structure  has  been  built  in  compliance  with  the 
provisions  of  this  ordinance.  Said  inspection  shall  be  made  within  two  (2) 
days  after  said  notice  in  order  to  avoid  delay. 

Sec.  62.  Obstruction  of  Streets.  Building  permits  shall  not  permit  the 
use  of  any  street  or  walk  or  any  part  thereof  other  than  immediately  in  front 
of  the  lots  upon  which  the  building  is  being  erected,  and  then  only  to  the  extent 
of  not  exceeding  one-third  (1-3)  of  the  street  from  the  curb  line,  except  that 
additional  street  space  may  be  used  with  the  consent  of  the  occupants  of  ad- 
joining property.  When  there  are  car  tracks  in  the  street  all  obstruction  shall  be 
kept  back  six  (6)  feet  from  the  nearest  rail. 

Sec.  63.  No  Obstruction  Near  Fire  Plug.  No  obstruction  of  any  kind 
shall  be  placed  within  five  (5)  feet  of  any  fire  plug  or  fire  system  and  there  shall, 
at  all  times,  be  maintained  a free  passage  to  same.  When  building  materials  are 
placed  in  public  alleys,  sufficient  unobstructed  space  shall  be  left  open  and  free 
at  all  times  for  the  free  passage  of  fire  apparatus  and  vehicles. 

Sec.  64.  Red  Lights  at  Obstructions  on  Streets.  Red  lights  shall  be 
maintained  from  sunset  to  sunrise  of  each  day  at  both  ends  of  every  obstruction 
upon  any  street  or  alley,  and  at  intervals  of  seventy-five  (75)  feet  along  the  same. 

Sec.  65.  Cornices.  Cornices  or  other  projections  of  stone  or  other  heavy 
material  shall  in  all  cases  have  sixty-five  (65)  per  cent  of  the  weight  of  the  same 
inside  of  the  outer  face  of  the  wall  or  shall  be  securely  anchored  so  that  the 
cornice  shall  be  firmly  balanced  upon  the  wall.  Cornice  may  be  constructed  of 
hollow  metal  with  supports  of  metal  or  wood,  but  if  wood  supports  the  same, 
must  be  cut  off  from  building  by  at  least  four  (4)  inches  of  brick  or  other  non- 
combustible material  and  securely  anchored  to  building  with  iron  anchors,  and 
no  cornice  shall  be  continuous  with  that  of  adjoining  building. 

Sec.  66.  Construction  of  Buildings  Within  the  Fire  Limit.  No  tent, 
building  or  structure  having  frame  or  wood,  part  frame,  hollow  concrete  block, 
ironclad  or  veneered  walls,  shall  be  hereafter  erected  within,  moved  into  or 
within  the  fire  limit  as  above  described,  or  as  from  time  to  time  may  hereafter 
be  established,  except  as  provided  in  this  ordinance. 

Sec.  67.  Temporary  one-story  frame  buildings  may  be  erected  for  the 
use  of  builders  within  the  limit  of  lots  whereon  buildings  are  in  course  of  con- 
struction, or  on  adjoining  vacant  lots,  upon  permits  issued  by  the  Building 
Inspector.  No  such  building  shall  be  allowed  to  remain  for  more  than  ninety 
(90)  days  (except  that  in  case  of  unusually  large  construction  operation  the  per- 
mit may  be  renewed  at  the  discretion  of  the  Building  Inspector  not  more  than 
four  times),  nor  to  exceed  one  thousand  (1,000)  square  feet  area. 

Sec.  68.  Frame  sheds  not  over  ten  (10)  feet  high,  opening  on  at  least  one 
side,  with  sides  and  roof  covered  with  non-combustible  material,  may  be  built, 
but  a fence  shall  not  be  used  as  a side  or  back  therefor.  Such  sheds  shall  not 
cover  an  area  exceeding  five  hundred  (500)  square  feet  and  shall  be  located 
not  less  than  thirty  (30)  feet  from  any  residence,  store  or  main  building. 

Sec.  69.  Frame  outhouses  not  exceeding  one  hundred  (100)  square  feet 
area  and  ten  (10)  feet  in  height  and  with  non-combustible  roof,  located  thirty 
(30)  feet  from  any  residence,  store  or  main  building,  may  be  constructed  within 
the  said  fire  limit. 


Ch.  3. 


BUILDINGS— PRIVATE  BUILDINGS. 


33 


Sec.  70.  No  shingle  or  unapproved  composition  roof,  wooden  awning  or 
other  addition  or  attachment  of  combustible  material,  except  rear  platform  on 
ground  floor,  without  roof  or  sides,  shall  be  placed  upon  any  building  within 
said  fire  limit. 

Sec.  71.  Every  building  of  such  construction  as  herein  prohibited,  within 
the  fire  limits,  which  may  hereafter  be  damaged  to  an  amount  not  greater  than 
one-half  (J/2)  of  the  value  thereof,  exclusive  of  the  valuation  of  foundation  at  the 
time  of  such  damage,  may  be  repaired  or  rebuilt ; but  if  such  damage  shall 
amount  to  more  than  one-half  (J4)  the  value  thereof,  exclusive  of  the  value  of  the 
foundation,  then  such  building  shall  not  be  repaired  or  rebuilt,  but  shall  be  re- 
moved. A shingle  or  unapproved  composition  roof  damaged  to  extent  of  more 
than  one-half  (^2)  its  area  shall  not  be  repaired,  but  shall  be  removed  and  re- 
placed or  covered  by  a non-combustible  roof. 

Sec.  72.  In  case  the  owner  of  the  damaged  building  shall  be  dissatisfied 
with  the  decision  of  the  Building  Inspector  that  such  building  is  damaged  to  a 
greater  extent  than  one-half  (3/2)  of  its  value,  exclusive  of  value  of  the  foundation, 
then  the  amount  and  extent  of  such  damage  shall  be  determined  upon  an  ex- 
amination of  the  building  by  a committee  of  three  (3)  competent  persons,  one 
of  whom  shall  be  appointed  by  the  Board  of  Commissioners,  another  of  whom 
shall  be  appointed  by  the  owner  or  owners  of  said  premises,  and  another  of 
whom  shall  be  appointed  by  the  two  so  selected,  and  a decision  of  a majority  of 
the  committee,  reduced  to  writing  and  sworn  to  shall  be  conclusive. 

Sec.  73.  Flues.  Within  the  fire  limit  all  flues  to  have  their  walls  at 
least  eight  (8)  inches  thick  and  lined  twelve  (12)  inches  above  roof  with  tile  or 
cast  iron  flue  lining  approved  by  the  Building  Inspector.  'All  flues  outside  of  the 
fire  limit  to  have  their  walls  not  less  than  eight  (8)  inches  thick  throughout  the 
entire  height  of  same  and  plastered  on  inside,  unless  same  are  lined  their  entire 
height  with  tile  or  cast  iron  flue  lining,  in  which  case  the  walls  outside  the  lining 
may  be  reduced  to  four  (4)  inches ; the  flues  with  four  (4)  inch  walls  lined  with 
tile  or  cast  iron  flue  lining  shall  not  be  used  in  buildings  exceeding  two  stories 
in  height.  All  flues  for  furnaces  to  be  lined  with  tile  or  cast  iron  flue  lining  to 
twelve  ( 1 2)  inches  above  roof.  No  flue  shall  be  corbeled  from  any  wall  more  than 
one-half  the  thickness  of  the  wall,  nor  shall  any  chimney  or  flue  rest  upon  any 
wood  construction.  No  chimney  shall  be  drawn  to  one  side  more  than  one-third 
(1-3)  of  its  size,  unless  supported  on  metal  or  non-combustible  framework  ap- 
proved by  the  Building  Inspector.  In  no  case  shall  any  flue  or  chimney  be  sup- 
ported by  wood  or  frame  construction.  All  flues  and  party  walls  must  be  located 
at  least  four  (4)  inches  from  the  center  line  of  said  wall.  Flues  cut  into  existing 
party  walls  must  be  kept  at  least  four  (4)  inches  from  the  center  line  of  such 
walls,  and  be  well  bonded  and  anchored  into  the  old  wall. 

Sec.  74.  Height  of  Chimneys  or  Flues.  All  chimneys  or  flues  shall  be 
built  to  a height  of  not  less  than  four  (4)  feet  above  the  roof  adjoining,  if  such 
roof  is  flat;  and  not  less  than  eighteen  (18)  inches  above  the  ridge,  if  the  roof 
is  of  pitch  construction  and  the  chimney  is  within  ten  (10)  feet  of  the  ridge.  All 
chimneys  or  flues  rising  more  than  eight  (8)  times  their  least  horizontal  dimen- 
sions shall  be  securely  braced  with  iron  anchors.  When  the  short  side  of  the 
flues  have  nine  (9)  inch  walls  they  may  rise  eight  (8)  times  their  least  side 
without  bracing.  All  chimney  tops  from  ceiling  joists  up  shall  be  laid  in  cement 
mortar. 

Sec.  75.  Unsafe  Chimneys  or  Flues.  All  unsafe  chimneys  or  flues  must 
be  made  safe  within  ten  (10)  days  after  notice  from  the  Building  Inspector,  and 
not  used  until  repaired. 


34 


BUILDINGS— PRIVATE  BUILDINGS. 


Ch.  3. 


Sec.  76.  Fire  Places.  No  fire  place  shall  be  built  with  less  than  nine 
(9)  inch  brick  wall  at  the  back;  except  when  firebacks  are  used,  in  which  case 
four  (4)  inch  walls  may  be  permitted.  All  fire  place  breasts  are  to  be  built  full 
dimmensions  up  to  the  top  of  ceiling  joists.  No  flue  stem  from  any  fire  place 
shall  start  below  ceilings. 

Sec.  77.  Hearths.  Brick,  tile  or  trimmer  arches  shall  be  turned  for  all 
hearths.  All  brick  or  trimmer  arches  shall  not  be  less  than  four  (4)  inches 
thick,  started  from  proper  skew-backs,  to  have  wood  centering  removed  before 
plastering  the  ceiling  underneath.  Concrete  filling  to  be  used  over  all  trimmer 
arches  and  to  be  leveled  up  for  hearth.  Headers  for  hearth  to  be  not  less  than 
twenty  (20)  inches  wide.  The  use  of  sand  boxes  underneath  hearths  is  not 
permitted. 

Sec.  78.  Smoke  Pipes.  It  shall  be  unlawful  for  any  person  or  persons 
to  erect  or  use  in  or  on  any  building  within  the  corporate  limits,  any  tile,  terra 
cotta,  hollow  cement  block,  brick-on-edge  or  metal  chimney.  It  shall  be  unlaw- 
ful to  erect  or  maintain  or  have  in  use  any  chimney,  smoke  stack  or  other  struc- 
ture for  the  escape  of  smoke,  heat  or  gases  in  such  a condition-  as  to  endanger 
property.  All  smoke  stacks  in  connection  with  boilers  shall  have  a clearance 
from  all  woodwork  or  other  combustible  material  equal  to  one-half  (J4)  the  dia- 
meter of  the  stack  with  not  less  than  eight  (8)  inches  and  not  more  than  eighteen 
(18)  inches  clearance. 

Sec.  79.  Walls.  All  bearing  walls  within  the  fire  limit  shall  be  of  the 
thickness  set  forth  in  the  following  table,  exclusive  of  mortar : 


One  story  12 

Two  story 12  12 

Three  story 16  12  12 

Four  story 16  16  12  12 

Five  story  20  16  16  12  12 

Six  story  24  16  16  12  12  12 

Seven  story 24  24  20  20  16  16  12 


Stone  walls  to  be  at  least  four  (4)  inches  thicker  than  the  brick  walls 
and  no  foundation  shall  be  less  than  eighteen  (18)  inches  thick;  all  footings 
shall  be  at  least  twelve  (12)  inches  wider  than  the  wall.  Mortar  to  consist  of 
Portland  cement  one  (1)  part,  sand  three  (3)  parts.  The  foundation  for  all 
buildings  shall  rest  on  natural  earth,  or  solid  rock. 

Sec.  80.  When  outside  wall  is  of  pier  construction  the  piers  must  be 
four  (4)  inches  thicker  than  the  average  shown  by  the  above  table,  the  faces  of 
piers  . to  measure  not  less  than  one-fifth  (1-5)  as  much  as  the  spaces  between 
centers;  walls  between  piers  must  not  be  less  than  twelve  (12)  inches  thick. 

Sec.  81.  When  walls  other  than  pier  construction  are  braced  by  pilasters, 
if  the  wall  itself  between  pilasters  is  used  for  floor  or  roof  support,  the  wall 
between  the  pilasters  must  then  conform  with  the  figures  as  shown  in  table  No.  1. 

Sec.  82.  The  above  figures  pertaining  to  walls  apply  to  all  classes  of 
buildings  in  the  fire  limit,  with  the  exception  of  a building  built  for  dwelling 
house  purposes  only  and  to  be  occupied  by  not  more  than  one  family.  Dwelling 
houses  occupied  by  one  family  only  may  have  eight  (8)  inch  walls  when  not 
more  than  one  (1)  story  in  height  and  if  more  than  one  (1)  story  in  height  the 
first  floor  walls  should  be  twelve  (12)  inches  thick  and  the  second  and  third 
floors  not  less  than  eight  (8)  inches  thick.  Provided,  the  first  and  second  story 
walls  shall  be  stripped  and  furred  if  only  eight  (8)  inches  in  thickness. 

Sec.  83.  Parapets.  All  buildings  within  the  fire  limit  except  dwelling 
houses  occupied  or  to  be  occupied  by  one  family  shall  have  walls  extending  above 


Ch.  3. 


BUILDINGS— PRIVATE  BUILDINGS. 


35 


the  roof  on  all  sides,  the  same  to  be  coped  with  stone,  tile,  cement  or  terra  cotta ; 
and  the  thickness  of  the  walls  shall  not  be  less  than  twelve  (12)  inches,  laid  in 
cement  mortar  not  less  than  one  (1)  to  three  (3).  Height  of  all  such  walls  to  be 
thirty-six  (36)  inches  on  buildings  four  (4)  stories  or  over,  and  eighteen  (18) 
inches  on  buildings  of  three  (3)  stories  or  under.  Openings  for  drainage  through 
walls,  if  any,  not  to  exceed  four  by  eight  (4x8)  inches,  nor  more  than  one  opening 
to  each  twenty-five  (25)  feet.  Where  frame  or  iron-clad  roof  houses  or  exten- 
sions are  exposed  a fender  wall  on  exposed  sides,  of  same  thickness  as  wall  above 
roof,  should  extend  not  less  than  eighteen  (18)  inches  above  the  roof  of  and  not 
less  than  five  (5)  feet  beyond  sides  or  ends  of  the  roof  houses  or  extensions. 

Sec.  84.  Wall  Supports.  No  wall  of  brick,  stone,  terra  cotta  or  concrete 
shall  be  supported  in  whole  or  in  part  by  wooden  posts  or  girders. 

Sec.  85.  Party  Walls  Heretofore  Built.  Walls  heretofore  built  for  and 
used  as  party  walls  whose  thickness  at  the  time  of  their  erection  was  in  accord- 
ance with  the  then  existing  laws  may  be  used  if  in  good  condition,  for  the 
ordinary  uses  of  party  walls ; provided,  their  height  is  not  increased  or  the  load 
placed  thereon  comes  within  the  limit  of  safety. 

Sec.  86.  Openings  in  Party  Walls.  It  shall  be  unlawful  to  cut  or  leave 
any  opening  in  any  division  or  party  wall  'except  as  herein  provided.  All 
such  openings  to  be  approved  by  the  Building  Inspector  and  a permit  issued 
therefor.  Every  opening  left  in  or  cut  through  a division  wall  or  party  wall  shall 
be  closed  with  a three-ply  (3)  wood  core,  metal  covered  door  hung  on  each  side  of 
the  wall  with  iron  hangers,  tracks  to  be  bolted  through  the  wall,  closing  devices 
to  be  automatic  and  no  such  opening  shall  exceed  eighty  (80)  square  feet  area. 
All  doors,  etc.,  used  to  be  approved  by  the  Building  Inspector. 

Sec.  87.  Recess  for  Pipes  Cut  Into  Wall.  No  recess  for  pipes,  ducts  or 
other  purposes  shall  be  cut  into  any  wall  more  than  one-third  (1-3)  the  thick- 
ness of  the  wall,  and  then  only  in  vertical  line,  and  no  recessing  or  cutting  shall 
be  done  in  any  eight  (8)  inch  wall  nor  nearer  than  six  (6)  feet  of  any  outer 
angle;  horizontal  recessing  is  unlawful. 

Sec.  88.  Receptacles  for  Ashes.  All  receptacles  for  ashes  shall  be  built 
up  on  all  sides,  top  and  bottom,  of  brick,  stone  or  concrete,  with  walls  not  less 
than  eight  (8)  inches  thick,  with  proper  iron  doors,  the  doors  to  be  kept  in  repair 
and  closed  when  not  being  used  to  empty  ashes.  No  receptacles  for  ashes  shall 
ever  be  allowed  to  overflow,  or  be  so  constructed  that  the  ashes  will  be  blown 
about  by  the  wind.  When  ash  cans  are  used  they  must  have  double  bottoms 
with  a space  of  at  least  two  (2)  inches  between  and  the  covers  secured  with  iron 
hinges ; the  cans  at  all  times  to  be  in  proper  repair  and  the  lid  to  be  closed  when 
not  being  filled  or  emptied.  No  ashes  or  combustible  material  shall  be  kept  in 
any  building  or  place  within  this  city  in  an  insecure  manner. 

Sec.  89.  Skylights.  Skylights  within  the  fire  limits  shall  be  constructed 
wholly  of  non-combustible  frames  and  glazed  with  approved  wired  glass,  or 
heavy  glass  may  be  used  in  lieu  of  wired  glass,  provided  a screen  of  not  less 
than  No.  12  gauge  wire  with  one  (1)  inch  mesh  shall  cover  entire  skylight  and 
be  raised  six  (6)  inches  above  same  on  metal  supports. 

Sec.  90.  Standpipes  and  Fire  Escapes.  Every  new  building  over  three  (3) 
stories  in  height  (dwellings  excepted),  shall  have  one  or  more  metalic  stand- 
pipe not  less  than  two  and  one-half  (2^)  inches  in  internal  diameter  extending 
from  above  the  roof  on  outside  of  building  and  arranged  so  that  engine  hose 
can  be  readily  connected  from  the  street  or  alley.  Such  standpipe  shall  have 
proper  valve  and  hose  coupling  at  each  floor  and  also  fire  escape  landing  at  each 


BUILDINGS— PRIVATE  BUILDINGS. 


36 


Ch.  3. 


floor  above  the  first  and  all  hose  couplings  shall  conform  to  the  size  and  pattern 
in  use  by  the  Lexington  Fire  Department. 

Sec.  91.  Application  for  Moving  Building.  All  applications  for  moving 
buildings  through  the  streets  of  the  city  shall  be  made  to  the  Building  Inspector. 
Every  such  application  shall  state  the  location  of  the  building  to-  be  moved,  its 
length,  width,  height  and  the  principal  material  of  its  exterior  sides  and  of  its 
roof,  and  shall  definitely  describe  the  route  over  which  it  is  to  be  moved  and 
the  length  of  time  that  will  be  required  to  move  it. 

Sec.  92.  Ventilation  of  Attic  or  Roof  Spaces.  The  space  between  all 
ceiling  joists  and  roof  timbers  shall  be  properly  ventilated  in  all  buildings.  If 
possible,  the  ventilators  shall  be  so  located  that  a fire  in  adjacent  property  would 
not  be  likely  to  be  communicated  through  same,  and  all  ventilators  shall  be 
of  such  size  and  construction  to  prevent  the  entrance  of  birds  through  same  or 
they  shall  be  covered  with  a wire  screen  having  not  more  than  a quarter-inch 
mesh. 

Sec.  93.  Wiring.  All  electric  wiring  and  appliances  hereinafter  installed 
in  or  attached  to  any  building  or  structure  within  the  corporate  limits  of  the 
City  of  Lexington  shall  be  installed  in  accordance  with  the  rules,  regulations 
and  requirements  of  the  National  Electric  Code.  Any  and  all  electric  wiring 
hereafter  installed  in  any  building  or  structure,  other  than  in  a one  or  two-family 
private  dwelling,  within  the  fire  limits,  shall,  if  such  wiring  is  to  carry  a current 
of  exceeding  50  volts,  be  installed  in  iron  conduit  metal  moulding  or  armored 
cable,  installed  in  such  a manner  as  to  comply  with  the  requirements  of  the  above 
mentioned  code.  All  flexible  cords  used  in  connection  with  iron  conduit,  metal 
moulding  or  armored  cable  wiring  shall  be  approved  portable  cords.  It  shall  be 
unlawful  for  any  person  to  conceal  electric  wiring  until  after  such  wiring  shall 
have  been  inspected  by  an  authorized  inspector,  and  a certificate  of  approval  and 
acceptance  issued.  It  shall  be  unlawful  for  any  electric  light  or  power  company 
to  connect  with,  or  furnish  current  to  any  electrical  installation  within  the  cor- 
porate limits  of  this  city  until  after  such  electrical  installation  shall  have  been 
inspected  by  an  authorized  inspector,  and  a certificate  of  approval  and  accep- 
tance issued. 

Sec.  94.  No  joist,  beam  or  any  floor  timbers  shall  be  cut  into,  and  no 
piping  or  conduit  shall  be  laid  in  same  at  a greater  distance  than  two  (2)  feet 
from  the  ends  of  the  beams,' nor  at  a greater  depth  than  one-sixth  (1-6)  of  the 
depth  of  the  beam  or  floor  timbers.  This  section  shall  not  be  held  to  prohibit 
the  boring  of  holes  in  beams  or  floor  timbers  provided  the  same  shall  be  located 
three  (3)  inches  or  more  from  the  top  or  bottom  of  the  joists  and  also  provided 
that  the  diameter  of  any  hole  so  bored  shall  be  large  enough  to  weaken  the 
joists  or  floor  timbers.  , 

Sec.  95.  Connecting  Gas  Heaters.  All  stoves  or  other  gas  heating  or 
lighting  devices  must  be  connected  with  metal  pipes  made  of  good  material  and 
free  from  any  defects.  It  shall  be  unlawful  for  any  person  or  persons  to  install 
or  use  in  any  building  within  the  corporate  limits  stoves  or  other  gas  heating 
or  lighting  devices  connected  with  what  is  known  as  rubber  tubing. 

Sec.  96.  Rubbish.  Loose  rubbish,  hay  or  straw  shall  not  be  piled  or 
stacked  in  any  lot  within  the  fire  limit,  or  kept  in  any  place  outside  of  proper 
building  to  enclose  the  same. 

Sec.  97.  Oils  or  Explosives.  Inflammable  oils  or  explosives  shall  never 
be  placed  or  stored  near  any  stairway  or  exit  from  any  building  so  as  to  render 
the  exits  dangerous  in  case  of  fire  or  accidents. 


Ch.  3 


BUILDINGS— PRIVATE  BUILDNGS 


3 7 


Sec.  98.  Kitchen  Ranges.  Where  a kitchen  range  is  placed  less  than 
eighteen  (18)  inches  from  a wood  stud  partition,  the  same  partition  shall  be 
shielded  with  metal  from  the  floor  to  a height  not  less  than  two  (2)  feet  higher 
than  the  range.  If  the  range  is  within  six  (6)  inches  of  the  partition,  then  the  stud 
shall  be  cut  away  and  framed  three  (3)  feet  higher  and  one  foot  wider  than  the 
range  and  filled  in  to  the  face  of  the  said  stud  partition  with  brick  or  fireproof 
blocks  and  plastered  thereon.  All  ranges  not  supported  on  legs,  set  on  wood 
or  combustible  floors  and  beams,  shall  have  suitable  brick  or  hollow  tile  founda- 
tions laid  in  mortar  or  galvanized  sheet  iron,  except  ranges  in  private  dwellings. 

Sec.  99.  The  owner  or  owners  of  any  building,  structure,  or  part  thereof, 
or  of  any  of  the  several  features  governed  by  this  ordinance  (No.  515)  and  any 
architect,  contractor  or  builder,  who  is  employed  or  assists  in  the  commission 
of  any  act  wherein  a violation  of  this  ordinance  exists,  shall,  for  each  and  every 
violation  and  non-compliance  be  guilty  of  a misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  five  ($5.00)  dollars  nor  more  than  twenty-five 
($25.00)  dollars.  And  for  each  ten  (10)  days  said  building  or  structure  which 
has  been  placed  in  violation  of  this  ordinance  shall  so  remain,  it  shall  be  deemed 
a separate  and  distinct  offense. 

Sec.  100.  All  ordinances  or  parts  of  ordinances  in  conflict  with  the  fore- 
going (49  sections)  are  hereby  repealed. 


38 


BUILDINGS— PUBLIC  BUILDINGS 


Ch.  3 


CHAPTER  3,  ARTICLE  2. 

BUILDINGS— PUBLIC  BUILDINGS. 

Sec.  iol  Inspection  of  Buildings.  The  Board  of  Public  Works  is  author- 
ized and  directed  to  inspect  or  cause  to  be  inspected  all  public  school  buildings, 
public  halls,  churches,  theatres,  auditoriums,  skating  rinks,  amphitheaters  of  all 
kinds  and  any  other  buildings  of  a public  character,  used  or  intended  to  be  used  for 
large  assemblages  or  gatherings  of  people ; also  all  hotels,  apartment  houses  and 
buildings  used  for  manufacturing  or  commercial  purposes  and  all  other  buildings 
of  whatsoever  nature,  except  private  dwelling  houses,  for  the  purpose  of  ascer- 
taining the  safety  of  such  buildings  or  structures  in  case  of  fire  or  other  accidents 
and  to  ascertain  the  sufficiency  and  adequacy  of  the  doors,  passage-ways,  aisles, 
stairways,  corridros  and  exits  and  other  facilities  for  egress  in  case  of  fire  or 
other  accidents,  and  to  determine  whether  the  construction  of  such  buildings 
and  the  facilities  for  egress  from  such  buildings  or  structures  are  in  accordance 
with  the  ordinances  of  the  City  of  Lexington  relating  thereto ; and  if  the  con- 
struction of  such  buildings  or  the  facilities  for  egress  therefrom  be  found  to  be 
in  violation  of  any  ordinance  of  the  City  of  Lexington  relating  thereto,  the  said 
Board  of  Public  Works  or  its  chairman  shall  cause  warrants  to  be  issued  against 
the  person  or  persons  guilty  of  such  violation  of  the  city  ordinances. 

Sec.  102.  Any  person,  firm  or  corporation  refusing  to  allow  the  Board  of 
Public  Works  or  any  one  acting  for  said  Board  and  under  its  authority,  to  make 
an  inspection  of  any  building  or  structure,  as  provided  in  the  preceeding  section, 
shall  be  fined  not  less  than  ten  ($io)  dollars,  nor  more  than  one  hundred  ($ioo) 
dollars  for  each  offense. 

Sec.  103.  In  all  theatres,  public  halls,  churches  and  other  buildings  used, 
or  intended  to  be  used  for  purposes  of  public  assembly,  amusement  or  instruc- 
tion, except  moving  picture  shows,  the  doors,  stairways,  seats,  passageways 
and  aisles  shall  be  arranged  to  facilitate  egress  in  cases  of  fire  or  accident,  and 
to  afford  the  requisite  and  proper  accomodation  for  the  public  protection  in 
such  cases. 

Sec.  104.  All  aisles,  steps  and  passageways  in  said  buildings  shall  be 
kept  free  from  camp  stools,  chairs,  sofas  and  other  obstructions,  and  no  person 
other  than  an  employe  or  policeman  or  fireman  shall  be  allowed  to  stand  in  or 
occupy  any  of  said  aisles  or  steps  during  any  performances,  service,  exhibition, 
lecture,  concert,  ball  or  any  other  public  assemblage. 

Sec.  105.  Entrances  and  Exits.  Every  building  mentioned  in  Section 
103  shall  have  at  least  one  (1)  front  on  a street  which  street  shall  be  not  less  than 
thirty  (30)  feet  in  width,  and  in  such  front  there  shall  be  suitable  means  of  en- 
trance and  exits  for  the  audience.  The  stage  shall  be  at  the  end  of  the  building 
opposite  the  main  entrance. 

Sec.  106.  Width  of  Main  Corridor.  The  width  of  this  main  entrance  or 
corridor  leading  from  the  street  to  the  main  auditorium  shall  be  not  less  at  any 
point  than  fifteen  (15)  feet.  The  width  of  the  main  entrance  or  corridor  shall 
be  estimated  on  a basis  of  not  less  than  twenty  (20)  inches  for  each  one  hundred 
(100)  persons  for  whom  seats  are  provided  and  who  may  gain  access  to  the 
corridor  as  a means  of  entrance  or  exit.  The  main  corridor  may  serve  as  a 
common  place  of  entrance  and  exit  for  the  main  floor  or  auditorium  and  the 
balcony  or  first  gallery,  provided,  its  capacity  be  equal  to  the  aggregate  capacity 
of  the  outlets  from  said  main  floor  and  balcony  or  gallery  as  provided  for  above 
in  this  section.  The  width  of  all  entrances  and  exits  for  each  distinct  and  sepa- 


Ch.  3. 


BUILDINGS— PUBLIC  BULDINGS. 


39 


rate  division  of  the  auditorium  shall  be  based  upon  the  same  estimate  of  not 
less  than  twenty  (20)  inches  for  each  one  hundred  (100)  persons  served  by 
such  entrances  or  exits.  In  case  the  balcony  or  first  gallery,  in  addition  to  the 
stairway  or  stairways  connecting  it  with  the  main  auditorium  floor  or  main 
corridor,  has  an  inside  stairway  or  stairways  leading  direct  to  the  street  or 
public  way,  then  the  capacity  of  this  stairway  may  be  taken  into  consideration, 
in  determining  the  width  of  the  main  corridor  above  the  minimum  width  of 
fifteen  (15)  feet  herein  provided  for. 

Sec.  107.  Emergency  Exits.  From  the  auditorium  opening  into  a side 
street  or  public  way,  there  shall  be  not  less  than  two  (2)  exits  in  each  tier  from 
and  including  the  ground  floor  and  each  and  every  gallery.  Each  exit  shall  be  at 
least  four  (4)  feet  wide  in  the  clear  and  provided  with  fire  doors.  All  of  said 
doors  shall  open  outwardly  and  shall  be  arranged  to  open  by  a slight  pressure 
from  the  inside  without  the  unfastening  of  bolts  or  latches.  No  circular  or 
winding  stairs  for  the  use  of  the  public  shall  be  permitted,  either  inside  or 
outside  the  building. 

Sec.  108.  Inside  Stairways.  No  theatre  shall  have  more  than  three  (3) 
floor  tiers  above  the  main  floor  of  the  auditorium.  Distinct  and  separate  places 
of  entrance  and  exit  shall  be  provided  for  each  gallery  above  the  first  balcony  or 
gallery,  by  means  of  inside  stairways  leading  to  the  street  or  other  public  way 
and  not  through  the  main  auditorium  balcony.  No  passage  leading  to  any 
stairway  with  an  exit  (not  including  fire  exits)  shall  be  less  than  four  (4)  feet 
in  width.  The  width  of  all  stairs  shall  be  measured  in  the  clear  between  hand 
rails.  All  stairs  within  the  building  hereafter  shall  be  constructed  of  fire  proof 
material  throughout.  Stairways  from  balcony  or  gallery  shall  not  communicate 
with  basement  or  cellar.  No  stairway  from  galleries  shall  be  less  than  four  (4) 
feet  in  width.  When  the  seating  capacity  of  the  galleries  is  for  more  than  one 
hundred  (100)  people  there  shall  be  at  least  two  (2)  stairs  extending  to  the  ground 
arranged  on  opposite  sides  of  the  galleries. 

Sec.  109.  Doors  to  Open  Outwardly.  All  doors  shall  open  outwardly 
as  hereinafter  provided  in  case  of  emergency  exits.  No  door  shall  open  im- 
mediately upon  a flight  of  stairs,  but  in  all  cases,  a landing  at  least  the  width  of 
the  door  shall  be  provided.  All  stairs  shall  have  treads  of  uniform  width  and 
risers  of  uniform  height  throughout  in  each  flight.  All  enclosed  staircases  shall 
have  on  both  sides  strong  hand  rails  firmly  secured  to  the  wall  about  three  (3) 
inches  therefrom  and  about  three  (3)  feet  above  the  stairs. 

Sec.  no.  Proscenium  Walls.  In  buildings  hereafter  erected,  a fire  wall 
built  of/ brick,  or  its  equivalent  not  less  than  13  inches  in  any  portion  of  same, 
shall  separate  the  auditorium  from  the  stage  and  the  same  shall  extend  at  least 
four  (4)  feet  above  the  stage  roof,  or  the  auditorium  roof,  if  the  latter  be  the 
higher  and  shall  be  coped.  Above  the  proscenium  opening,  there  shall  be  an 
iron  girder  of  sufficient  strength  to  safely  support  the  load  above  and  the  same 
shall  be  covered  with  fireproof  material  not  less  than  four  (4)  inches  in  thickness. 

Sec.  hi.  Curtain.  The  proscenium  opening  shall  be  provided  with  a 
fire  proof  metal  curtain  or  a curtain  of  asbestos  or  other  fire  proof  material,  ap- 
proved by  the  Chief  of  the  Fire  Department,  overlapping  the  brick  proscenium 
wall  at  each  side,  within  iron  grooves  or  channels  to  a depth  of  not  less  than 
twelve  (12)  inches.  Said  curtain  to  be  hung  or  suspended  by  steel  cables  passing 
over  wrought  iron  or  steel  sheaves  supported  by  wrought  iron  brackets  of 
sufficient  strength  and  well  braced.  Said  fire  proof  curtain  shall  be  raised  at 
the  commencement  of  each  performance  and  lowered  at  the  close  of  each  per- 
formance, and  be  operated  by  approved  equipment  for  that  purpose.  The  cur- 


40 


BUILDINGS— PUBLIC  BUILDINGS. 


Ch.  3 


tain  shall  be  placed  nearest  to  the  proscenium  wall.  No  doorway  or  opening* 
through  the  proscenium  wall,  from  the  auditorium,  shall  be  allowed  above  the 
level  of  the  first  floor,  and  such  first  floor  openings  shall  have  self-closing 
standard  fire  doors  at  each  side  of  the  wall  and  openings,  if  any,  below  the 
stage  shall  each  have  a self-closing  fire  door  and  all  of  such  doors  shall  be 
hung  so  as  to  be  opened  from  either  side  of  the  wall  at  all  times. 

Sec.  1 12.  Windows.  None  of  the  windows  in  outside  walls  shall  have 
fixed  sashes,  fixed  iron  bars  or  grills ; these  may  be  arranged  to  hinge  and  lock, 
but  must  be  left  unlocked  during  performances.  * 

Sec.  1 13.  Seats  and  Aisles.  All  seats  in  the  auditorium,  excepting  those 
contained  in  boxes  shall  be  not  less  than  twenty-eight  (28)  inches  from  back  to 
back,  measured  in  a horizontal  direction,  and  firmly  secured  to  the  floor.  No 
seat  in  the  auditorium  shall  have  more  than  six  (6)  seats  intervening  between  it 
and  aisles  on  either  side.  No  stool  or  seat  shall  be  placed  in  any  aisle.  All 
aisles  on  the  respective  floors  in  the  auditorium  having  seats  on  one  or  both 
sides  of  same,  shall  be  not  less  than  a uniform  width  of  three  (3)  feet.  The 
provisions  of  this  section  to  apply  only  to  the  buildings  to  be  erected  in  the 
future. 

Sec.  1 14.  Standpipes.  Standpipes  of  not  less  than  two  and  one-half 
(2^2 ) internal  inches  in  diameter  shall  be'  provided,  same  to  be  supplied  by  a 
main  not  less  than  four  (4)  inches  in  diameter  to  be  connected  to  the  street  main 
not  less  than  six  (6)  inches  and  extended  to  the  inside  of  the  proscenium  wall  un- 
der the  stage,  where  suitable  fittings  must  be  installed  to  allow  a four  (4)  inch  lead 
to  either  side  of  the  building  for  standpipe  service.  All  standpipes  to  be  free  from 
obstructions,  said  standpipes  to  be  supplied  with  hose  connections  approved 
by  the  Board  of  Underwriters ; the  supply  of  water  to  be  received  from  the 
city  mains.  Pipes  shall  be  kept  constantly  filled  with  water  under  pressure  and 
be  ready  for  immediate  use  at  all  times.  A sufficient  quantity  of  approved  hose 
not  less  than  two  and  a half  (2^)  inches  in  diameter,  in  not  less  than  50-foot 
lengths,  shall  be  fitted  with  washers  and  supplied  with  couplings  and  nozzle, 
the  threads  of  which  shall  be  uniform  with  that  in  use  by  the  local  Fire  Depart- 
ment. 

Sec.  1 15.  Lights.  Every  portion  of  the  building  devoted  to  the  uses  or 
accomodation  of  the  public,  also  all  outlets  leading  to  the  streets  and  including 
the  corridors,  shall  be  well  and  properly  lighted  during  every  performance  and 
same  shall  remain  lighted  until  the  entire  audience  has  left  the  premises.  There 
shall  be  one  (1)  light  within  a red  globe  or  lantern  placed  over  each  exit  opening 
on  the  auditorium  side  of  the  wall.  Every  exit  shall  have  over  the  same  on  the 
inside  the  word  “EXIT”  in  legible  letters  not  less  than  four  (4)  inches  high. 

Sec.  1 16.  Any  person  or  persons,  firm  or  corporation  violating  any  of 
the  terms  or  provisions  of  this  ordinance,  (Sec.  103  to  115),  and  such  person, 
firm  or  corporation  failing  to  conform  to  any  of  the  provisions  of  this  ordinance, 
(Sec.  103  to  1 15),  shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  ten  ($10.00)  dollars  nor  more  than  one  hundred 
($100.00)  dollars  for  each  offense. 

Sec.  1 17.  Moving  Pictures.  Every  theatre  or  room  used  for  the  purpose 
of  operating  a moving  picture  machine  for  the  exhibition  of  moving  pictures 
shall  be  on  the  ground  floor  of  the  building  in  which  it  is  located  and  shall 
front  on  a public  way.  There  shall  be  no  connecting  way  or  opening  from  said 
room  to  any  other  room  or  building  and  no  other  business  shall  be  operated  or 
conducted  in  such  room.  All  exterior  walls  shall  be  of  incombustible  material. 


Ch.  3 


BUILDINGS— PUBLIC  BUILDINGS. 


4i 


Sec.  1 18.  Every  such  room  or  theatre  shall  have  two  (2)  exits  in  front  and 
at  least  one  (1)  on  the  side  or  rear  of  not  less  than  four  (4)  feet,  or  two  (2)  or 
more  exits  of  not  less  than  three  (3)  feet  each.  Each  exit  front  doorway  shall  not 
be  less  than  four  (4)  feet  in  width.  All  doors  must  open  outwardly  and  shall  not 
be  locked  or  bolted  while  the  room  is  opened  to  the  public.  Side  or  rear  exits 
shall  open  direct  into  a street,  alley  or  courtyard  free  from  obstruction  with 
direct  access  therefrom  to  a public  way. 

Sec.  1 19.  No  aisle  shall  be  less  than  three  (3)  feet  in  width  and  must  be 
kept  clear  of  obstructions  while  performances  are  in  progress.  Seats  shall  be 
not  less  than  thirty  (30)  inches  from  back  to  back  and  not  less  than  eighteen 
(18)  inches  in  width  from  center  of  the  arms,  and  shall  be  firmly  secured  to  the 
floor.  No  camp  chairs  or  stools  shall  be  used. 

Sec.  120.  In  every  such  theatre  there  shall  be  placed  three  (3)  chemical 
fire  extinguishers  of  the  type  approved  by  the  Board  of  Fire  Underwriters,  one 
to  be  placed  in  the  operating  booth,  one  near  the  curtain  and  one  near  the  front 
or  main  entrance.  These  extinguishers  to  be  of  not  less  than  six  (6)  gallons 
capacity  each.  All  moving  picture  machines  must  be  in  a fire  proof  booth  or 
compartment,  and  all  machines,  booths  and  all  wiring  shall  be  constructed  in 
conformity  with  the  rules  and  requirements  of  the  National  Electric  Code. 

Sec.  12 1.  All  moving  picture  theatres  with  seating  capacity  of  five  hun- 
dred (500)  or  more,  shall  conform  to  all  requirements  of  theatres  and  shall  be 
fireproof  throughout. 

Sec.  122.  Any  person,  firm  or  corporation  operating  a moving  picture 
machine  for  the  exhibition  of  moving  pictures  to  the  public  in  any  room  or 
theatre  that  does  not  comply  with  the  requirements  of  this  ordinance  shall  be 
subject  to  a fine  of  ten  ($10.00)  dollars  for  each  offense. 


42 


DOGS. 


Ch.  4. 


CHAPTER  4,  ARTICLE  1. 

DOGS. 

Sec.  123.  Dogs.  Each  person  owning,  keeping  or  harboring  a dog  or 
bitch  within  the  limits  of  the  City  of  Lexington  shall  pay  an  annual  license  tax 
of  one  ($1)  dollar  on  each  dog  and  five  ($5)  dollars  on  each  bitch,  and  same  to 
be  paid  at  the  same  time  and  in  the  same  manner  as  other  general  city  licenses. 
With  each  dog  license  issued  by  the  City  Clerk  he  will  deliver  to  the  licensee  a 
metal  tag,  to  be  worn  by  the  animal,  which  shall  have  the  number  of  the  license 
and  the  year  for  which  it  is  issued  stamped  thereon.  The  Clerk  will  keep  on  file 
in  his  office  a duplicate  of  each  dog  license  issued  by  him,  showing  the  name  and 
street  address  of  the  owner  or  keeper  of  the  dog,  the  sex,  the  kind  of  dog,  and 
the  number  of  the  license  tag.  Any  person  who  shall  keep  or  harbor  a dog  or 
bitch  without  a license  therefor  as  provided  in  this  section,  shall  be  fined  five  ($5) 
dollars ; provided  that  such  person  may  surrender  the  animal  to  the  dog  em- 
pounder  to  be  killed,  in  which  event  he  shall  not  be  subject  to  such  fine. 

Sec.  124.  It  shall  be  unlawful  for  any  owner  or  keeper  of  a dog  or  bitch 
to  permit  the  same  to  run  at  large  on  the  streets  of  the  City  during  the  months  of 
July,  August  and  September  of  any  year  unless  it  is  securely  muzzled  in  such 
manner  as  to  prevent  it  from  biting  persons  or  animals.  If  at  any  other  period 
of  the  year  the  Mayor  shall  have  cause  to  believe  there  is  danger  of  hydro- 
phobia, he  may  issue  his  proclamation  requiring  all  persons  owning,  or  having 
dogs,  to  confine  them  to  their  premises  or  to  muzzle  them  for  a prescribed  time. 
Any  person  who  shall  permit  any  dog  or  bitch  to  run  at  large  in  violation  of  this 
section  or  in  violation  of  such  proclamation  of  the  Mayor,  shall  be  fined  not  less 
than  one  ($1)  dollar  nor  more  than  twenty-five  ($25)  dollars  for  each  offense. 

Section  125.  It  shall  be  the  duty  of  the  pound-keeper  and  of  every  police 
officer  of  the  city  to  take  and  empound,  or  cause  to  be  taken  and  empounded, 
every  dog  or  bitch  running  at  large  in  violation  of  sections  123,  124  and  291  of 
this  ordinance.  Any  citizen  may  take  and  empound  at  the  City  Pound  any  dog 
or  bitch  running  at  large  within  the  City  in  violation  of  this  ordinance,  and  the 
pound-keeper  shall  give  such  person  a receipt  therefor,  and  upon  presentation  of 
such  receipt  to  the  City  Clerk  the  holder  of  same  will  be  paid  the  sum  of  twenty- 
five  (25)  cents. 

Sec.  126.  Any  owner  or  keeper  of  a dog,  empounded  for  non-payment  of 
the  license  tax  may  redeem  the  same  from  the  City  Pound,  at  any  time  within 
three  (3)  days  after  it  is  empounded,  by  paying  to  the  City  Treasurer  the  license 
tax  thereon  and  a redemption  fee  of  fifty  (50)  cents.  Upon  presentation  to  the 
pound-keeper  of  the  license  and  the  metal  tag  he  will  release  the  animal  to  the 
owner.  In  case  a license  tag  is  lost  or  stolen  from  a dog  and  the  dog  is  em- 
pounded, the  owner  may  redeem  the  dog  by  presenting  his  license  to  the  pound- 
keeper,  and  the  City  Clerk  will  issue  a new  tag  in  place  of  the  one  lost  or  stolen. 
Any  dog  empounded  under  any  provision  of  this  ordinance,  other  than  non-pay- 
ment of  the  lecense  tax  thereon,  may  be  redeemed  from  the  pound  in  the  manner 
provided  in  this  section  upon  payment  of  a redemption  fee  of  fifty  (50)  cents  ; pro- 
vided, that  no  dog  shall  be  released  from  the  pound  during  the  months  of  July, 
August  or  September,  or  during  the  time  of  the  Mayor’s  proclamation  requiring 
dogs  to  be  confined  or  muzzled,  unless  such  dog  is  securely  muzzled  as  provided  in 
this  ordinance  or  is  taken  away  under  leash. 

Sec.  127.  Any  dog  or  bitch  which  is  not  redeemed  within  three  (3)  days 
from  the  time  it  is  empounded  shall  be  killed  in  some  humane  manner  by  the 
pound-keeper;  provided,  however,  that  if  any  person  shall  offer  to  redeem  such 


Ch.  4 


DOGS. 


43 


animal  he  shall  be  allowed  to  do  so  at  the  end  of  said  three  (3)  days  in  the  same 
manner  as  provided  with  reference  to  the  owner  of  the  dog.  The  pound-keeper 
shall  on  the  first  and  fifteenth  days  of  each  month  make  a written  report  to  the 
City  Clerk  showing  the  number  of  animals  killed  at  the  pound  and  by  what  per- 
sons such  animals  were  empounded. 

Sec.  128.  All  moneys  derived  from  license  taxes  on  dogs  and  from  fees 
paid  for  the  redemption  of  dogs  from  the  pound  as  provided  in  this  ordinance 
shall  be  kept  as  a separate  and  distinct  fund  to  be  known  as  the  “Dog  Fund/’  and 
shall  be  applied  to  the  expense  of  empounding  and  destroying  dogs  as  provided 
in  this  ordinance. 

Sec.  129.  It  shall  be  unlawful  to  entice  a dog  from  a yard  or  enclosure  of 
its  owner  or  keeper,  or  to  bring  any  dog  into  the  city  for  the  purpose  of  empound- 
ing the  same,  or  to  remove  a muzzle  or  license  tag  from  any  dog  without  the  con- 
sent of  the  owner  or  keeper  thereof.  Any  person  who  shall  violate  this  section 
shall  be  fined  not  less  than  one  ($1)  dollar  nor  more  than  ten  ($10)  dollars  for 
each  offense. 

Sec.  129-A.  It  shall  be  unlawful  for  any  person  to  keep  or  harbor  within 
the  city  a dangerous  or  vicious  dog  unless  it  is  at  all  times  kept  securely  chained 
-or  enclosed  in  such  manner  that  it  can  not  escape  from  the  owner’s  premises. 
Any  person  violating  this  section  shall  be  fined  not  less  than  one  ($1)  dollar  nor 
more  than  twenty-five  ($25)  dollars  for  each  offense. 

Sec.  129-B.  All  ordinances  or  parts  of  ordinances  in  conflict  herewith 
and  particularly  sections  78  to  87  inclusive,  and  sections  252  and  253,  of  the  1910 
Revised  Ordinances  of  the  City,  are  hereby  repealed. 


44 


electric  wires. 


Ch.  5. 


CHAPTER  5. 

ELECTRIC  WIRES, 

Sec.  130.  Electric  Wires.  At  all  points  on  the  roadways,  streets,  and 
alleys  of  the  City  of  Lexington,  where  telegraph,  telephone  and  all  other  kinds 
of  wires  cross  the  lines  of  the  Belt  Electric  Railway  the  companies  or  individuals 
owning,  controlling  or  putting  up  such  wires,  shall  make  such  crossing  at  an 
elevation  above  the  trolley  wire  of  said  railway  company,  of  not  less  than  twelve 
(12)  feet  at  any  point,  and  at  right  angles  to  the  line  of  the  trolley  wires,  or  at  an 
angle  not  exceeding  forty-five  (45)  degrees,  upon  the  written  consent  of  the 
Superintendent  of  Public  Works,  that  the  “stretches”  at  said  crossings  shall  not  be 
greater  than  the  width  of  the  street,  and  at  said  crossings,  either  of  cable  wires 
or  insulated  copper  or  steel  wires  not  smaller  than  No.  14. 

Sec.  131.  Said  companies  or  individuals  shall  use  the  best  quality  of 
sound  straight  poles,  of  sufficient  size  and  length,  to  carry  out  the  requirements 
of  this  ordinance,  and  poles  of  sixty  (60)  feet  and  over  in  length  shall  not  be  less 
than  seven  (7)  inches  in  diameter  at  the  small  end ; fifty  (50)  foot  poles  shall  be 
not  less  than  six  (6)  inches  in  diameter;  at  the  small  end ; and  said  poles  shall  be 
placed  in  the  ground  as  follows:  fifty  (50)  foot  poles  and  over,  six  (6)  feet; 
poles  under  fifty  (50)  feet,  five  (5)  feet. 

Sec.  132.  All  parties  and  companies  using  electrical  wires  for  any  pur- 
pose whatever,  shall  use  a “cut-off  fuse  safety  wire”  in  making  connection  with 
private  property. 

Sec.  133.  The  Belt  Electric  Street  Railway  and  any  other  persons  or 
companies  putting  up  and  operating  trolley  wires,  or  wires  carrying  heavy  cur- 
rents of  electricity,  when  the  same  are  not  properly  insulated,  shall  at  all  cross- 
ings made  by  other  lines  of  electric  wires,  place  guard  wires  of  suitable  material 
and  strength  to  protect  their  trolley  wires  from  contact  with  the  falling  wires 
of  the  telegraph,  telephone  or  other  wires  passing  over  said  trolley  wires. 

Sec.  134.  All  violations  of  the  provisions  of  this  ordinance  shall  be  pun- 
ished by  a fine  of  not  less  than  ten  ($10.00),  nor  more  than  fifty  ($50.00)  dollars, 
and  each  day  that  said  violation  continues  shall  be  a separate  offense. 

Sec.  135.  All  poles  erected  upon  the  streets,  sidewalks,  alleys  or  elsewhere 
in  the  City  of  Lexington,  for  the  support  of  telegraph,  telephone  or  electric 
wire,  shall  have  placed  upon  the  top  thereof,  by  the  erectors  thereof,  a cross 

bar  or  “T”,  for  the  exclusive  use  and  control  of  the  Fire  Department  of  said 

city  for  the  support  of  the  fire  alarm  wires  of  said  department.  Said  cross  bar 
“T”  shall  be  constructed  and  erected  under  the  supervision  and  direction  of  the 
engineer  of  said  Fire  Department,  who,  with  his  assistants,  shall  adjust  the 
fire  alarm  wires  thereon,  and  shall  have,  at  all  times,  access  to  said  cross  bar 

for  the  purpose  of  constructing,  altering  and  repairing  said  wires. 

Sec.  136.  All  consent  hereafter  given  by  the  city  authorities  for  the 
erection  of  any  and  all  said  poles  shall  be  conditional  upon  compliance  with  the 
foregoing  sections  of  this  ordinance  by  the  erector  of  said  poles.  Any  person 
violating  the  provisions  of  this  ordinance  shall  be  fined  not  less  than  twenty- 
five  ($25.00)  dollars  nor  more  than  one  hundred  ($100.00)  dollars. 

Sec.  137.  It  shall  be  unlawful  for  any  person  in  any  street,  alley  or  side- 
walk to  erect  or  use  within  the  City  of  Lexington  any  post  or  pole  for  the  use 
of  any  telephone,  telegraph  or  electric  light  company  without  first  having 
obtained  the  permission  of  the  Superintendent  of  Public  Works  to  so  erect  and 


Ch.  6. 


ICE. 


45 


use  such  poles,  and  any  permission  to  so  erect  and  use  such  posts  and  poles  shall 
be  void  unless  the  place  where  such  posts  and  poles  are  to  be  erected  is  designated 
in  the  order  giving  such  permission.  Any  person  erecting  or  using  such  posts 
or  poles  without  having  first  obtained  permission  as  aforesaid  shall  be  fined 
ten  ($10.00)  dollars  for  each  offense,  and  each  day  during  which  any  one  of  such 
posts  or  poles  is  erected  or  used  shall  be  deemed  a separate  offense. 


CHAPTER  6. 

ICE. 

Sec.  138.  Ice,  Weighing  Of.  It  is  hereby  made  the  duty  of  each  person, 
firm  or  corporation  delivering  ice  by  retail  from  wagons,  trucks,  cars,  carts  or 
other  vehicles,  to  provide  each  wagon,  truck  car,  cart  or  other  vehicle,  while 
being  so  used,  with  accurate  weighing  scales,  of  the  type  appropriate  for  the 
purpose  of  weighing  ice,  and  the  scales  thus  used  shall,  at  all  times  be  subject 
to  test  by  the  Board  of  Commissioners  of  the  City  of  Lexington,  or  any  member 
thereof,  or  other  person  designated  by  said  Board  for  such  purpose. 

Sec.  139.  It  shall  be  the  duty  of  any  person,  firm  or  corporation  selling 
and  delivering  more  than  five  pounds  of  ice_as  set  out  in  section  1,  upon  request 
of  any  consumer  or  purchaser  of  ice,  to  weigh  each  quantity  of  ice  of  five  (5) 
pounds  or  more  so  purchased,  in  the  presence  of  the  purchaser  thereof,  and  no 
charge  for  such  ice  shall  be  made  in  excess  of  the  actual  weight  thereof. 

Sec.  140.  Any  person,  firm  or  corporation  who  shall  violate  any  pro- 
vision of  this  ordinance,  shall  be  fined,  upon  conviction  in  the  Police  Court,  not 
less  than  one  ($1.00)  dollar  nor  more  than  twenty-five  ($25.00)  dollars  for  each 
offense,  which  punishment  shall  be  imposed  upon  the  driver  or  other  person 
in  actual  charge  of  the  wagon  or  other  vehicle  from  which  the  ice  is  sold  and  , 
delivered,  or  upon  the  person,  firm  or  corporation  owning  or  controlling  and 
operating  said  wagon  or  other  vehicle. 


46 


LICENSES 


Ch.  7 


Chapter  7,  Article  1. 

LICENSES,  OTHER  THAN  COFFEE  HOUSES. 

Sec.  141.  General  Provisions.  The  word  “persons”  as  used  in  this  sec- 
tion shall  include  persons,  companies,  firms,  partnerships  and  corporations.  The 
license  year  shall  be  from  March  1st,  of  one  year  to  March  1st,  of  the  succeeding 
year  and  each  and  every  person  engaged  in  any  trade,  occupation,  employment, 
business  or  profession,  who  shall  be  required  by  any  ordinance  of  the  City  to 
pay  a license  tax  therefor,  shall  pay  the  amount  of  said  license  tax  to  the  City 
Treasurer  on  or  before  the  first  day  of  April  of  such  license  year,  except  as 
otherwise  provided  in  this  section.  Upon  presentation  of  the  City  Treasurer’s 
receipt  for  the  required  sum  to  the  City  Clerk  he  will  issue  a license  to  the 
person  applying  for  same,  provided  that  said  person  shall  have  complied  fvith 
the  law  regulating  such  license.  Adi  licenses  shall  have  the  year  in  which  they 
are  issued  printed  on  the  face  of  same  in  large  figures  and  it  shall  be  the  duty 
of  each  person  to  whom  a license  is  issued  to  keep  the  same  posted  in  some 
conspicuous  way  in  his  place  of  business  where  the  same  will  be  at  all  times 
within  the  public  view.  A license  so  issued  shall  not  authorize  any  person  to 
do  business  other  than  the  person  to  whom  the  same  was  issued  unless  properly 
transferred  by  the  City  Clerk  at  least  three  (3)  months  before  said  license  expires. 
If  two  or  more  persons,  engaged  in  carrying  on  a profession,  compose  a firm 
or  partnership,  each  member  of  the  firm  or  partnership  shall  pay  the  required 
license  tax.  Any  person  who  shall  begin  to  carry  on  any  trade,  occupation, 
employment,  business  or  profession  after  the  first  day  of  May  of  any  year,  shall 
be  required  to  pay  only  the  proportionate  part  of  the  license  tax  required  there- 
for from  the  time  he  commences  to  carry  on  the  same  until  the  first  day  of  the 
next  succeeding  March ; Provided,  however,  that  no  license  shall  be  issued  for 
a less  period  of  time  than  three  (3)  months  and  the  foregoing  provisions  with 
reference  to  the  payment  of  a proportionate  part  of  a license  tax  shall  not  apply 
to  any  temporary  license  by  any  ordinance  of  the  City. 

Sec'.  142.  Auctioneers.  Every  person  selling  at  auction  or  public  outcry, 
goods,  wares  and  merchandise,  stocks,  houses,  lots,  lands  and  produce  of  any 
kind,  shall  be  deemed  an  auctioneer  and  shall  pay  an  annual  license  of  twenty- 
five  ($25.00)  dollars;  provided,  that  the  provisions  of  this  section  shall  not 
apply  to  judicial  and  executive  officers  making  auction  sales  by  virtue,  of  any 
judgment  or  decree  of  any  court  or  sales  by  executors,  administrators  and 
guardians  of  any  estate  held  by  them. 

Sec.  143.  Live  Stock  Brokers.  Any  person  or  persons  whose  business 
it  is  to  buy,  sell  or  deal  in  horses,  cattle,  hogs  or  sheep,  shall  be  deemed  a live 
stock  broker,  and  shall  pay  an  annual  license  of  ten  ($10.00)  dollars. 

Sec.  144.  Dance  Halls.  That  every  society,  association,  person  or  per- 
sons letting  a hall  for  dances,  shall  pay  an  annual  license  of  twenty-five  ($25.00) 
dollars,  or  five  ($5.00)  dollars  per  month,  or  two  ($2.00)  dollars  per  day. 

Sec.  145.  Laundry.  Every  person,  firm  or  corporation  conducting  a 
laundry  in  the  city  or  as  agent  for  any  laundry  located  outside  of  the  city,  solicit- 
ing or  taking  orders  for  such  laundry  shall  pay  an  annual  license  of  fifty  ($50.00) 
dollars.  Each  person  or  firm  conducting  a Chinese  laundry  shall  pay  twenty-five 
($25.00)  dollars  per  annum. 

Sec.  146.  Pawn  Broker.  Each  person  or  firm  whose  business  or  occupa- 
tion is  to  take  and  receive  by  way  of  pledge,  pawn  or  exchange,  any  goods,  wares 
or  merchandise,  or  any  kind  of  personal  property  whatsoever,  as  a security  for 


LICENSES 


47 


Ch  .7. 

the  repayment  of  money  loaned  thereon,  other  than  exchange  offices,  banks, 
bankers  and  commission  merchants  shall  be  deemed  a pawnbroker,  and  shall 
pay  an  annual  license  of  two  hundred  and  fifty  ($250.00)  dollars. 

Sec.  147.  Second-Hand  Dealers.  Any  person  whose  exclusive  business 
shall  be  to  buy  and  sell  miscellaneous  articles  of  second-hand  or  personal  property, 
keeping  a record  of  such  purchases  or  taking  a bill  of  sale  of  the  same,  and  who 
buying  any  such  article  from  any  person  and  reselling  the  same  to  said  party, 
his  agent  or  any  other  person  at  a stipulated  price  previously  agreed,  or  any 
person  carrying  on  such  business  with  other  persons  shall  pay  an  annual  license 
of  two  hundred  and  fifty  ($250.00)  dollars ; but  nothing  in  this  section  shall  be 
construed  to  prevent  any  person,  who,  being  engaged  in  buying  and  selling  any 
one  class  of  goods  from  making  a bona  fide  purchase  or  resale  of  any  second- 
hand articles  in  his  line. 

Sec.  148.  Photo  Galleries.  Each  person  or  firm  in  this  city  engaged  in 
making  for  sale,  photographs,  daguerreotypes  or  pictures  of  any  kind  by  the 
action  of  light,  shall  be  deemed  a photographer  and  shall  pay  an  annual  license 
of  fifteen  ($15.00)  dollars. 

Sec.  149.  Flying  Dutchman.  Each  person  or  firm  operating  a flying 
dutchman,  riding  gallery  or  similar  machine  shall  pay  an  annual  license  of  fifty 
($50.00)  dollars,  or  five  ($5.00)  dollars  for  each  week,  but  it  shall  be  unlawful 
to  operate  such  machines  after  ten  (10)  o’clock  p.  m.,  nor  shall  any  such  machine 
be  operated  at  any  time  on  Main  street  in  said  city,  nor  within  the  limits  included 
and  bounded  by  the  following  streets : High,  Broadway,  Third  and  Walnut 
streets  extended  to  High  Street. 

Sec.  150.  Bill  Posters.  That  each  and  every  person  or  firm  or  corpora- 
tion engaged  in  carrying  on  the  business  of  bill  posting,  bill  distributing  or  sign 
advertising,  shall  pay  an  annual  license  of  one  hundred  ($100.00)  dollars,  pro- 
vided, however,  that  business  men  of  Lexington,  advertising  their  own  business 
exclusively,  shall  not  be  required  to  pay  any  such  license. 

Sec.  15 1.  Ice.  That  each  person,  firm  or  corporation  engaged  in  the 
sale  and  delivery  of  ice  within  the  city  shall  pay  an  annual  license  of  one  hundred 
and  fifty  ($150.00)  dollars. 

Sec.  152.  Theatres.  Any  person,  firm  or  company,  conducting  an  opera 
house,  theatre,  or  hall  where  shows  are  given  for  which  admission  is  charged, 
shall  pay  an  annual  license  of  two  hundred  ($200.00)  dollars. 

Sec.  153.  Hotel.  An  annual  license  of  fifty  ($50.00)  dollars  shall  be 
required  of  each  person,  firm,  company  or  corporation  keeping  a hotel,  but  the 
payment  of  said  license  shall  not  be  construed  to  include  a license  to  sell  spirituous, 
malt  or  vinous  liquors  or  operate  a pool  and  billiard  table  in  said  hotel. 

Sec.  154.  Livery  Stables.  Each  person  or  firm  conducting  a feed*  and 
hitch  stable  shall  pay  an  annual  license  of  fifteen  ($15.00)  dollars;  each  person 
or  firm  conducting  a feed,  hitch  and  livery  stable  shall  pay  an  annual  license  of 
twenty-five  ($25.00)  dollars ; each  person  or  firm  conducting  a feed,  hitch,  sale 
and  livery  stable  shall  pay  an  annual  license  of  thirty-five  ($35.00)  dollars. 

Sec.  155.  Lightning  Rods.  No  person  shall  engage  in  this  city  in  the 
business  of  soliciting  orders  for  or  putting  up  lightning  rods  without  first  paying 
an  annual  license  of  twenty-five  ($25.00)  dollars,  but  this  section  shall  not  apply 
to  any  licensed  business  house  in  the  city  engaged  in  the  sale  of  lightning  rods. 

Sec.  156.  Merchant’s  Liquor  License.  On  and  after  March  1,  1915,  every 
person,  firm  or  corporation  engaged  in  selling  spirituous  or  vinous  liquors  in 


48 


LICENSES 


Ch.  7. 


quantities  not  less  than  one  (1)  quart  and  no  more  than  four  and  three-quarter 
(4X)  gallons,  not  to  be  drunk  on  the  premises  and  not  sold  to  a retail  dealer  to  be 
resold,  shall  take  out  a license  therefor  which  shall  be  known  as  a Merchant’s 
Liquor  License.  Said  license  shall  not  authorize  the  sale  of  said  liquor  in  quan- 
tities less  than  one  (1)  quart  nor  more  than  four  and  three-quarter  (4%)  gallons 
and  shall  not  authorize  the  sale  of  liquor  to  be  drunk  on  the  premises  or  the 
premises  adjacent  thereto. 

Sec.  157.  The  Merchant’s  Liquor  License  provided  for  by  section  156 
shall  be  issued  by  the  City  Clerk  in  the  same  manner  and  subject  to  the  same 
conditions  as  all  other  licenses,  except  that  no  such  license  shall  be  issued  by  the 
City  Clerk  until  the  same  has  been  granted  and  authorized  by  the  Board  of 
Commissioners  of  the  City  of  Lexington,  evidenced  by  motion  for  that  purpose 
duly  made  and  carried  and  entered  upon  the  journal  of  the  proceedings  of  the 
Board.  Not  more  than  eight  (8)  Merchant’s  Liquor  Licenses  shall  be  issued  and  be 
In  force  at  the  same  time,  but  this  provision  is  not  intended  to  prevent,  and  shall 
not  prevent,  the  issue  of  Merchant’s  Liquor  Licenses  in  excess  of  eight  (8)  to 
persons  who  now  have  coffee  house  licenses  and  who  may  elect  to  discontinue 
such  coffee  house  license  at  the  expiration  of  same  and  to  take  Merchant’s  Liquor 
License  in  lieu  thereof. 

Sec.  158.  The  amount  of  the  annual  license  fee  to  be  paid  for  a Mer- 
chant’s Liquor  License  shall  be  five  hundred  ($500.00)  dollars  to  be  paid  at  the 
time  and  in  the  manner  now  provided,  or  which  may  hereafter  be  provided,  by 
ordinance  of  the  city  for  the  payment  of  coffee  house  licenses. 

Sec.  159.  This  license  shall  not  apply  to  nor  include  bona  fide  druggists 
employing  registered  pharmacists  who  sell  liquor  for  purely  medicinal  purposes, 
or  upon  the  prescription  of  some  reputable  physician  authorized  to  practice 
medicine  by  the  Commonwealth,  but  each  bona  fide  druggist  employing  registered 
pharmacists,  selling  spirituous  or  vinous  liquors  for  purely  medicinal  use  shall 
pay  an  annual  license  of  fifty  ($50.00)  dollars.  This  license  shall  not  be  issued 
except  on  the  approval  of  the  Joint  Ways  and  Means  Committee. 

Sec.  160.  Wholesale  Liquor  License.  Each  merchant,  dealer,  or  agent 
dealing  in  spirituous  or  vinous  liquors  at  wholesale,  and  each  firm,  person,  com- 
pany, agent  or  corporation  who  shall  for  profit  or  gain  engage  in  the  business 
of  selling  spirituous  or  vinous  liquors  in  any  quantities  to  other  persons,  com- 
panies, firms  or  corporations  engaged  in  the  business  (5f  selling  such  liquors  at 
retail,  to  be  resold  by  such  retail  dealers,  shall  pay  an  annual  license  of  two 
hundred  and  fifty  ($250.00)  dollars,  to  be  paid  at  the  same  time  and  in  the  same 
manner  as  now  provided,  or  which  may  hereafter  be  provided  by  ordinance,  for 
the  payment  of  coffee  house  licenses.  This  license  shall  not  be  construed  to 
mean  as  giving  any  right  or  privilege  to  sell  to  consumer,  or  for  any  purpose 
other  than  to  be  resold  by  the  retail  dealer. 

Sec.  161.  Mail  Order  Liquor  License.  That  all  persons,  firms  or  cor- 
porations engaged  in  a mail  order  liquor  business  shall  pay  an  annual  license  of 
two  hundred  and  fifty  ($250.00)  dollars. 

Sec.  162.  That  any  person,  firm  or  corporation  who  shall  sell  whiskey 
or  other  intoxicating  liquors  in  quantities  less  than  five  (5)  gallons  and  more  than 
a quart  at  a time  by  mail  order  and  not  to  be  sold  by  retail  or  wholesale  within 
the  City  of  Lexington  shall  be  known  as  conducting  a mail  order  liquor  business. 

Sec.  163.  Nothing  shall  be  construed  in  this  ordinance  as  relating  to  mer- 
chant’s liquor  license  or  wholesale  liquor  business,  but  shall  be  known  and  con- 
strued as  set  out  in  section  162. 


Ch.  7. 


LICENSES 


49 


Sec.  164.  Any  person,  firm  or  corporation  carrying  on  such  business  and 
failing  to  take  out  a license  therefor  shall  be  fined  for  each  offense  in  any  sum 
not  exceeding  one  hundred  ($100.00)  dollars. 

Sec.  165.  Coca-Cola,  That  each  person,  firm  or  corporation  manufac- 
turing or  bottling  coca-cola  or  soft  drinks  shall  pay  an  annual  license  of  twenty- 
five  ($25.00)  dollars. 

Sec.  166.  Breweries,  Agents.  Each  agent  or  manufacture  of,  or  person 
selling  on  commission  for  breweries,  or  any  dealer  or  his  agent  by  whom  beer 
is  sold,  when  the  same  was  purchased  from  or  on  account  of  breweries,  shall 
pay  an  annual  license  of  two  hundred  and  fifty  ($250.00)  dollars. 

Sec.  167.  Stock  Brokers.  Any  person  or  firm  engaged  in  the  business 
of  negotiating  the  sale  or  purchase  of  bank  shares,  Trust  Company’s  shares,  etc., 
shall  pay  an  annual  license  of  twenty-five  ($25.00)  dollars. 

Sec.  168.  Auction  Houses.  Each  person  conducting  an  auction  house 
in  the  city,  where  goods,  wares  and  merchandise  are  sold  at  public  auction,  shall 
pay  an  annual  license  of  fifty  ($50.00)  dollars.  But  this  section  shall  not  be 
construed  to  apply  to  any  licensed  business  house,  which  shall  close  out  its 
stock  of  goods  on  hand  at  public  auction,  or  to  any  sheriff,  commissioner, 
or  constable’s  sale  under  an  order  of  court. 

Sec.  169.  Trading  Stamps.  That  any  person,  corporation  or  company 
engaged  in  the  business  of  selling,  trading  in  or  with  or  using  in  their  business, 
what  are  known  as  periodical  tickets  or  trading  stamps,  or  rebate  stamps,  shall 
pay  an  annual  license  of  one  hundred  ($100.00)  dollars.  This  does  not  apply 
to  merchant’s  using  said  stamps,  periodical  tickets  or  rebate  stamps,  but  only 
to  those  who  furnish  same  to  said  merchants. 

Sec.  170.  Lumber  Yards.  Each  person,  firm  or  corporation  conducting 
a lumber  yard  or  planing  mill  shall  pay  an  annual  license  of  sixty  ($60.00)  dollars 
for  the  first  yard  or  planing  mill,  and  twenty  ($20.00)  dollars  for  each  additional 
yard  or  planing  mill. 

Sec.  1 71.  Feed  Stores.  Each  person  or  firm  engaged  in  the  business 
of  conducting  a feed  store  or  buying  or  selling  stock  food  shall  pay  an  annual 
license  of  ten  ($10.00)  dollars. 

Sec.  172.  Stock  Yards.  Every  person,  firm  or  corporation  who  conducts 
or  operates  a public  stock  yard  shall  pay  for  each  stock  yard  conducted  or 
operated  fifty  ($50.00)  dollars  per  year. 

Sec.  173.  Meat  Stores — Retail.  Each  person  keeping  a retail  meat  store 
shall  pay  an  annual  license  of  twenty  ($20.00)  dollars ; this  shall  include  persons 
peddling  meat  from  door  to  door  from  a wagon  or  other  conveyance,  and  each 
retail  meat  dealer  using  more  than  one  wagon  for  the  purpose  of  peddling  meat 
shall  pay  twenty  ($20.00)  dollars  for  each  additional  wagon.  The  provisions  of 
this  section  with  reference  to  retail  dealers  shall  apply  to  every  person  who 
sells  fresh  meat  in  the  city,  whether  in  a place  kept  exclusively  for  such  pur- 
pose or  in  conjunction  with  other  business,  and  no  license  issued  by  the  city 
shall  authorize  the  sale  of  fresh  meats  except  the  license  provided  for  in  this 
section ; provided  that  the  person  or  persons  conducting  a grocery  store  in  con- 
nection with  a retail  meat  store  shall  not  be  required  to  pay  the  store  license. 

Sec.  174.  Meat  Stores — Wholesale.  Persons  selling  meat  at  wholesale, 

or  conducting  a wholesale  meat  establishment,  whether  located  in  the  city  or 
selling  meat  through  agencies,  and  persons  keeping  cold  storage  houses  for  the 
purpose  of  storing  vegetables  and  other  merchandise  shall  pay  an  annual  license 


LICENSES 


50 


Ch.  7. 


of  fifty  ($50.00)  dollars,  and  payment  of  the  wholesale  meat  license  shall  not 
exempt  the  payment  of  the  cold  storage  license. 

Sec.  175.  Investment  Companies.  Each  investment  company  shall  pay 
an  annual  license  of  five  hundred  ($500.00)  dollars. 

Sec.  176.  Trust  Companies,  Etc.  Each  fidelity,  trust,  surety,  guaranty 
or  other  company  or  corporation  engaged  in  loaning  money  on  mortgages,  stocks, 
bonds  or  other  collateral,  or  engaged  in  furnishing  bonds  or  security  of  any 
kind  whatever,  whether  official  bonds  or  bonds  required  and  used  in  the  various 
courts,  such  as  an  attachment,  replevin  and  injunction  bonds,  and  bonds  of  a 
similar  nature,  shall  pay  an  annual  license  of  fifty  ($50.00)  dollars  for  each 
agent  having  an  office  or  doing  business  in  the  City  of  Lexington;  this  shall 
not  include  banks  or  trust  companies,  which  pay  to  the  City  of  Lexington  a 
franchise  tax  or  a tax  on  their  real  estate,  and  capital  stock  in  lieu  of  such  license. 

Sec.  1 77.  Architects.  Every  person  whose  business  it  is  to  plan,  design 
and  superintend  the  construction  of  houses  and  buildings  for  pay,  shall  be 
deemed  an  architect,  and  pay  an  annual  license  of  ten  ($10.00)  dollars.  The 
Board  of  Public  Works  shall  not  issue  a permit  for  the  erection  of  any  building 
unless  the  architect  who  planned  or  designed,  or  is  to  superintend  the  construction 
of  same,  shall  first  present  to  him  the  license  required  herein,  nor  shall  said 
Board  of  Public  Works  grant  said  permit  unless  all  contractors  or  other  per- 
sons engaged  in  the  construction  of  said  building  shall  present  to  the  Board  the 
proper  license  as  hereinbefore  and  hereinafter  provided  for. 

Sec.  178.  Stores — Retail  and  Wholesale.  Each  person  or  firm  conducting 
a retail  grocery,  whose  stock  in  trade  averages  less  than  one  thousand  ($1,000.00) 
dollars,  shall  pay  an  annual  license  of  ten  ($10.00)  dollars ; each  person  or  firm 
conducting  a retail  grocery,  whose  stock  in  trade  averages  one  thousand 
($1,000.00)  dollars  or  over,  shall  pay  an  annual  license  of  fifteen  ($15.00)  dollars. 
Each  person  conducting  a retail  drug  store,  whose  stock  in  trade  averages  less 
than  one  thousand  ($1,000.00)  dollars,  shall  pay  an  annual  license  of  fifteen 
($15.00)  dollars.  Each  person  or  firm  conducting  a retail  drug  store,  whose 
stock  in  trade  averages  one  thousand  ($1,000.00)  dollars  or  over  shall  pay  an 
annual  license  of  twenty-five  ($25.00)  dollars.  Each  person  or  firm  conducting 
any  other  kind  of  a retail  store,  business  or  manufactory  establishment  or 
business  of  any  kind,  not  specifically  mentioned  herein,  shall  pay  an  annual 
license  of  ten  ($10.00)  dollars  if  his  or  their  stock  in  trade  averages  less  than 
five  thousand  ($5,000.00)  dollars ; if  the  stock  in  trade  averages  five  thousand 
($5,000.00)  dollars  or  over,  then  such  person  or  firm  shall  pay  an  annual  license 
of  twenty-five  ($25.00)  dollars.  Each  person  or  firm  conducting  a wholesale 
store  or  business  whose  stock  in  trade  averages  less  than  five  thousand  ($5,000.00) 
shall  pay  an  annual  license  of  ten  ($10.00)  dollars ; if  the  stock  in  trade  averages 
five  thousand  ($5,000.00)  dollars  or  over,  such  person  or  firm  shall  pay  an 
annual  license  of  twenty-five  ($25.00)  dollars.  Where  persons  or  firms  sell 
both  at  wholesale  and  retail,  both  licenses  shall  be  required. 

Sec.  179.  Fish  Stands.  The  City  Clerk  shall  have  the  authority  to  issue 
a license  to  any  person  or  firm  to  keep  a fish  stand  upon  the  payment  of  five 
($5.00)  dollars  per  year,  but  no  license  shall  be  issued  to  any  one  to  keep  said 
stand  upon  the  streets  or  sidewalks,  and  no  fish  stand  or  chicken  coop  shall  be 
permitted  to  stand  upon  the  streets  or  sidewalks.  Any  person  violating  this 
section  shall  be  proceeded  against  in  the  Police  Court  of  the  City  of  Lexington 
on  the  charge  of  maintaining  a public  nuisance. 


LICENSES 


5i 


Ch.  7. 

Sec.  180.  Peddlers.  Any  peddler,  not  exempt  from  the  payment  of  a 
license  tax  by  the  Constitution  or  any  statutory  law,  who  shall  sell,  or  offer  for 
sale,  gobds,  wares  or  merchandise  of  any  kind  whatever  in  the  city,  shall  take  out 
a license  therefor  and  pay  a license  tax,  the  amount  of  which  shall  be  graded  as 
follows : If  the  selling  price  of  any  article  to  be  sold,  or  offered  for  sale  by  the 

peddler  does  not  exceed  one  ($1.00)  dollar,  the  license  tax  shall  be  five  ($5.00) 
dollars  per  week  or  a fractional  part  thereof ; if  the  selling  price  of  any  such 
article  shall  exceed  one  ($1.00)  dollar  and  does  not  exceed  five  ($5.00)  dollars, 
the  license  tax  shall  be  fifty  ($50.00)  dollars  per  week  or  a fractional  part  thereof  ; 
if  the  selling  price  of  any  such  article  shall  exceed  five  ($5.00)  dollars  -the  license 
tax  shall  be  seventy-five  ($75.00)  dollars  per  week  or  fractional  part  thereof.  The 
City  Clerk  shall  endorse  on  every  license  issued  under  this  section  the  maximum 
price  which  may  be  charged  for  any  article  sold  thereunder. 

Sec.  181.  Junk  Dealers.  Any  person  who  conducts  a store  or  place  of 
business  commonly  known  as  a junk  shop,  wherein  are  bought  and  sold  old 
rags,  scrap-iron,  copper,  zinc,  bones,  hides,  feathers,  furs,  wool,  skins  and  other 
odds  and  ends,  shall  pay  an  annual  license  of  fifty  ($50.00)  dollars.  Any  person 
purchasing  any  kind  of  said  articles  from  a minor  shall  keep  a record  of  the 
name  of  said  minor  and  his  place  of  residence  and  the  time  and  exact  amount 
of  the  purchase  made  of  him. 

Sec.  182.  Advertising  Agency.  Each  person,  firm,  corporation  or  agency 
engaged  in  the  business  of  advertising  or  soliciting  advertisement  by  means  of 
directories,  books,  pamphlets,  hotel  registers,  clocks,  thermometers  and  other 
patent  devices,  or  by  contract  for  advertisements  in  street  cars  and  other  public 
places,  shall  pay  an  annual  license  of  fifty  ($50.00)  dollars.  This  shall  not 
include  a person  or  firm  advertising  their  own  business  with  such  contractor  or 
solicitor;  nor  shall  it  apply  to  persons  or  firms  advertising  their  own  business 
on  their  own  account;  provided,  no  other  advertisement  be  included  on  the 
card,  pamphlet  or  other  device  used  for  said  advertisement. 

Sec.  183.  Ticket  Brokers.  Any  person  who  shall  engage  in  buying 
tickets  of  admission  to  any  theatre,  opera  house,  concert  hall,  or  other  public 
entertainment,  show  or  theatrical  performance,  and  shall  sell  or  offer  to  sell  the 
same  again  at  any  advance,  shall  be  deemed  a theatrical  ticket  broker,  and  shall 
pay  an  annual  license  of  fifty  ($50.00)  dollars.  This  shall  include  any  manager, 
agent,  proprietor  or  employe  of  any  opera  house,  theatre,  etc.,  who  either  directly 
■or  indirectly  obtains,  purchases  or  holds  out  said  tickets  and  charges  an  advance 
price  therefor. 

Sec.  184.  Oil — Retail.  Every  person,  firm  or  company  engaged  in  sell- 
ing and  delivering  oil  in  this  city  by  retail  from  wagons,  shall  pay  an  annual 
license  of  twenty-five  ($25.00)  dollars  on  each  wagon  used  in  such  sale  and 
delivery. 

Sec.  185.  Grain  Warehouses.  Each  person,  firm  or  corporation  having 
•a  grain  warehouse  or  elevator  for  the  storage  of  grain  for  compensation,  per- 
centage or  commission,  shall  pay  an  annual  license  of  twenty-five  ($25.00)  dollars. 

Sec.  186.  General  Warehouses.  All  persons  not  included  in  the  preced- 
ing section  who  store  goods,  wares  and  merchandise  for  pay,  shall  pay  an  annual 
license  of  twenty-five  ($25.00)  dollars. 

Sec.  187.  Coal  Yards,  Etc.  Every  person,  firm  or  corporation  in  this 
city  who  conducts  a yard  for  the  purpose  of  buying  or  selling  coal,  wood,  lime, 
sand,  cement  or  fuel  of  any  kind,  and  each  agent  or  broker  engaged  in  the 
"buying  or  selling  of  coal,  wood,  lime,  sand,  cement  or  fuel  of  any  kind,  shall 
pay  an  annual  license  of  fifty  ($50.00)  dollars  for  the  said  yard,  agency  or 


52 


LICENSES 


Ch.  7. 


brokerage,  and  ten  ($10.00)  dollars  for  each  additional  yard,  office  or  place 
where  orders  are  taken  for  the  sale  of  said  articles  by  retail,  and  each  additional 
agency  or  brokerage.  And  each  yard  owning  or  operating  more  than  five  (5) 
carts  or  wagons  shall  pay  for  each  additional  cart  or  wagon,  over  five  (5),  five 
($5.00)  dollars,  for  such  additional  carts  or  wagons  with  tires  less  than  four  (4) 
inches  in  width,  and  two  ($2.00)  dollars  for  each  additional  cart  or  wagon  with 
tires  four  (4)  inches  or  more  in  width. 

Sec.  188.  Temporary  Merchants.  Each  temporary  merchant  shall  pay  a 
license  of  one  hundred  and  fifty  ($150.00)  dollars.  Such  license  shall  not  be  good 
for  a longer  period  than  three  (3)  months.  All  persons,  firms  or  corporations  who 
engage  in  business  temporarily,  or  who  rent  a store  room  for  a less  period  than 
six  (6).  months,  or  who  rent  such  store  room  for  a period  of  six  (6)  months  or 
more,  with  no  purpose  of  occupying  same  for  business  purposes  during  the  full 
term  of  said  lease,  or  who,  with  no  intention  of  becoming  permanent  bona  fide 
merchants  of  the  city,  rent  a store  room  to  be  occupied  by  them  after  the  city  as- 
sessment of  property  in  September  and  before  the  first  day  of  the  following  year, 
for  the  purpose  of  selling  or  offering  for  sale  goods,  wares  or  merchandise  of 
any  kind  or  description,  either  privately  or  at  public  auction  or  who  shall  con- 
sign or  deliver  such  goods,  wares  or  merchandise  to  the  auction  or  other  rooms 
of  an  auctioneer,  or  of  any  person  whatsoever,  either  at  private  or  public  sale, 
to  be  disposed  of  by  him  or  any  other  person,  are  hereby  declared  to  be  tem- 
porary merchants.  The  provisions  of  this  section  shall  not  apply  to  assignees, 
commissioners,  or  sheriffs  or  other  officers  who  make  sales  under  order  of  the 
court,  or  to  merchants  who  in  good  faith  desire  to  dispose  of  their  goods  for  the 
purpose  of  retiring  from  business,  or  to  those  who  desire  to  dispose  of  their 
household  goods,  which  have  been  used  by  them  or  their  families.  Before  is- 
suing a license  to  any  person  claiming  to  have  the  intention  of  becoming  a per- 
manent bona  fide  merchant,  the  City  Clerk  may  require  an  affidavit  from  the 
applicant  and  may  hear  other  evidence,  and  if  he  be  satisfied  from  such  affidavit 
and  other  evidence  that  the  applicant  is  a temporary  merchant,  he  shall  not 
issue  to  him  any  license  other  than  a temporary  merchant’s  license. 

Sec.  189.  Vehicles.  For  each  vehicle  or  conveyance  plying  in  this  city 
for  hire  or  profit  the  owner,  firm  or  company  or  corporation  plying  such  con- 
veyance shall  obtain  a license  for  that  purpose  and  shall  pay  the  following 
amount  for  said  license,  per  annum : 

Each  omnibus $10.00 

Each  furniture  wagon  used  for  any  other  purpose  than 


the  delivery  of  goods  sold  to  customers 15.00 

Each  spring  wagon  (not  hauling  passengers) 6.00 

Each  watering  or  sprinkling  cart 25.00 

Each  transfer  wagon  using  a tire  more  than  4 inches  in 

width  10.00 

Each  transfer  wagon  using  a tire  less  than  4 inches  in 

width 15*00 

Each  cart  or  dray 6.00 

Each  Milk  Wagon 10.00 


It  shall  be  the  duty  of  the  City  Clerk  to  furnish  each  owner  of  a vehicle, 
for  which  a license  is  charged  by  the  city,  one  metal  tag  of  suitable  size  in- 
dicating the  year  for  which  the  license  has  been  paid  and  the  character  of 
said  license;  which  tag  shall  be  fixed  or  fastened  on  some  conspicuous  place 
on  said  vehicle  where  it  can  be  seen. 

Sec.  190.  Commission  Brokers.  Brokers  who  are  members  of  a regu- 
larly organized  exchange  or  of  regularly  organized  exchanges  and  who,  in  their 
own  name  and  in  offices  established  in  the  City  of  Lexington  are  engaged  in  the 


Ch.  7. 


LICENSES 


53 


bona  fide  purchase  and  sale  on  commission  of  grain  or  other  commodities,  or 
of  stocks,  bonds  and  other  securities,  intending  the  actual  delivery  thereof,  shall 
pay  an  annual  license  tax  of  one  hundred  ($100.00)  dollars. 

Any  broker  doing  business  in  the  City  of  Lexington,  either  in  his  own 
name  or  as  agent,  representative  or  correspondent  of  another,  who  shall  engage 
In  making,  or  assist  in  making  contracts  respecting  the  purchase  or  sale,  either 
upon  credit  or  margin,  of  any  such  securities  or  commodities  as  aforesaid  wherein 
both  parties  do  not  intend  the  actual  bona  fide  receipt  or  delivery  of  such 
securities  or  commodities  but  do  intend  a settlement  of  such  contracts  based 
upon  the  differences  in  public  market  quotations  of  prices  at  which  such 
securities  or  commodities  are,  or  are  asserted  to  be,  bought  or  sold,  shall  pay 
an  annual  license  tax  of  one  thousand  ($1,000.00)  dollars.  Brokers  doing  a 
brokerage  or  commission  business  for  cash  or  actual  future  delivery  on  the 
regularly  organized  exchanges  of  the  country,  or  through  any  member  of  such 
exchanges,  shall  each  pay  an  annual  license  of  one  thousand  ($1,000.00)  dollars. 

Sec.  191.  Brass  Knucks,  Etc.  That  each  person,  firm  or  corporation 
dealing  in  and  selling  brass  knucks  and  slung  shots,  shall  pay  an  annual  license 
of  one  hundred  ($100.00)  dollars,  provided  no  person,  firm  or  corporation  con- 
ducting a regularly  organized  pawnshop  shall  be  required  to  take  out  such 
license. 

Sec.  192.  Wholesale  Oil  Dealers.  That  all  persons,  firms  or  corpora- 
tions selling  or  dealing  in  petroleum,  coal  oil  or  its  products,  in  quantities  of 
forty-five  (45)  gallons  or  over,  shall  be  classed  as  wholesale  oil  dealers,  and 
shall  pay  an  annual  license  of  one  hundred  and  fifty  ($150.00)  dollars;  provided, 
however,  that  this  shall  not  apply  to  persons,  firms  or  corporations  buying  oil 
from  licensed  wholesale  dealers  for  resale  in  quantities  of  forty-five  (45)  gal- 
lons or  over. 

Sec.  193.  Circuses,  Etc.  Each  circus  or  menagerie  exhibiting  within  the 
city  limits  shall  pay  a license  of  one  hundred.  ($100.00)  dollars  per  day,  and 
ten  ($10.00)  dollars  for  each  additional  separate  exhibition,  show  or  performance 
to  which  an  admission  fee  is  charged,  and  the  agent,  manager  or  proprietor  of 
each  circus  or  menagerie  which  exhibiting  outside  of  the  city  limits,  shall 
make  a parade  on  the  streets  of  the  city,  shall  pay  a license  of  one  hundred 
($100.00)  dollars,  except  as  stated  in  section  194.  Every  entertainment  given 
within  a canvas  enclosure  without  a menagerie  connected  therewith,  and  which 
shall  give  a parade  on  the  streets  of  the  city,  and  to  which  an  admission  fee  is 
charged,  shall  pay  a license  of  twenty-five  ($25.00)  dollars  per  day. 

Sec.  194.  Exhibitions  in  Buildings.  Any  person  or  firm  desiring  to 
give  any  sort  of  exhibition,  except  as  stated  in  section  193,  and  where  said  exhi- 
bition is  given  in  a permanent  building  in  this  city,  shall  make  an  application  in 
writing  to  the  City  Clerk,  stating  the  character  of  the  entertainment  he  desires 
to  give  and  the  price  of  admission  to  the  same,  and  if  the  clerk  believes  that  said 
exhibition's  not  immoral  or  hurtful,  he  shall  upon  payment  to  the  City  Treasurer 
of  five  ($5.00)  dollars  for  each  week  said  exhibition  shall  continue,  grant  a 
license  for  the  same,  unless  said  exhibition  or  entertainment  shall  be  for  the 
benefit  of  some  charitable  institution  or  purpose,  in  which  event  no  license  fee 
shall  be  required,  but  the  Mayor  shall  have  the  power  to  revoke  said  license 
whenever  he  shall  deem  the  said  entertainment  or  exhibition  to  have  become  a 
nuisance  or  in  any  way  hurtful  or  offense  to  public  morals. 

Sec.  195.  Billiard  or  Pool  Rooms.  Every  person  keeping  a billiard  or 
pool  table  in  this  city  for  hire,  profit  or  compensation  of  any  kind,  or  keeping 
a billiard  or  pool  table  in  a place  of  business  where  anything  is  sold  for  a profit 


54 


LICENSES 


Ch.  7. 


even  though  no  charge  be  made  for  the  use  of  either  of  said  tables,  shall  pay  an 
annual  license  of  twenty-five  ($25.00)  dollars  for  the  first  table  and  ten  ($10.00) 
dollars  for  each  additional  table. 

Sec.  196.  Insurance  Companies.  Each  and  every  life,  fire,  mutual,  live 
stock  and  accident  insurance  company  doing  business  in  Lexington,  Kentucky, 
shall  be  rated  and  pay  annual  license  as  follows : 

If  their  premiums  on  renewals  and  new  business  be  one  thousand  ($1,000) 
dollars,  or  less,  twenty-five  ($25.00)  dollars. 

If  their  premiums  on  renewals  and  new  business  be  more  than  one  thous- 
and ($1,000.00)  dollars  or  less  than  two  thousand  ($2,000.00)  dollars,  fifty 
($50.00)  dollars. 

If  their  premiums  on  renewals  and  new  business  be  more  than  two  thous- 
and ($2,000.00)  dollars  or  less  than  four  thousand  ($4,000.00)  dollars,  one  hun- 
dred ($100.00)  dollars. 

If  their  premiums  on  renewals  and  new  business  be  more  than  four 
thousand  ($4,000.00)  dollars  and  less  than  six  thousand  ($6,000.00)  dollars,  one 
hundred  and  fifty  ($150.00)  dollars. 

If  their  premiums  on  renewals  and  new  business  be  more  than  six  thous- 
and ($6,000.00)  dollars  and  less  less  than  ten  thousand  ($10,000.00)  dollars, 
two  hundred  ($200.00)  dollars. 

If  their  premiums  on  renewals  and  new  business  be  more  than  ten  thous- 
and ($10,000-00)  dollars,  two  hundred  and  fifty  ($250.00)  dollars. 

Companies  doing  exclusive  plate  glass  business  shall  pay  a license  of 
twenty-five  ($25.00)  dollars.  The  City  Clerk  shall  not  issue  the  license  men- 
tioned in  this  section  until  the  company  applying  for  the  same  has  filed  with 
him  a sworn  statement  of  the  amount  of  premiums  received  for  renewals  and 
new  business  during  the  year  preceding,  on  business  done  exclusively  within  the 
City  of  Lexington,  Kentucky.  In  case  of  original  application  for  licenses  to  do 
business  under  this  section  the  company  applying  for  same  shall  pay  twenty- 
five  ($25.00)  dollars. 

Sec.  197.  Various  Occupations.  Each  person  or  firm  engaged  in  the 
following  occupations  or  businesses  shall  pay  an  annual  license  for  that  purpose 
in  the  following  amount : 

Skating  rink,  for  profit  or  pay,  one  hundred  ($100.00)  dollars. 

Shooting  gallery,  fifty  ($50.00)  dollars  per  annum,  or  five  ($5.00)  dollars 
per  month. 

Candy  stand  or  fruit  stand  on  the  streets,  twenty-five  ($25.00)  dollars 
per  annum. 

Restaurants,  ten  ($10.00)  dollars  per  annum. 

Venders  of  fruit,  wienerwurst,  ice  cream,  sherbert,  peanuts,  popcorn,  or 
other  articles  upon  the  streets,  ten  ($10.00)  dollars  per  annum. 

Agents  for  the  leasing  or  renting  of  houses  or  real  estate,  twenty-five 
($25.00)  dollars  per  annum ; provided,  that  real  estate  agents  who  have  paid 
their  license  shall  not  be  required  to  pay  a house  agent’s  license. 

Each  fish  dealer,  five  ($5.00)  dollars  per  annum.  (See  Sec.  179.) 

Railroad  ticket  broker,  twenty-five  ($25.00)  dollars  per  annum. 

Tenpin  or  bowling  alley,  ten  ($10.00)  dollars  for  the  first  and  five  ($5.00) 
dollars  for  each  additional  alley  per  annum. 

Physician,  dentist,  surgeon,  veterinary  surgeon,  chiropodist,  osteopathy 
masseur,  electrician  or  attorney-at-law,  each  ten  ($10.00)  dollars  per  annum. 


Ch.  7. 


LICENSES 


55 


In  the  case  of  a firm  or  partnership  for  the  conducting  or  carrying  on  of  a(ny  of 
the  last  named  professions  each  member  of  the  firm  shall  be  required  to  take 
out  a license. 

Sec.  198.  Barber  Shops.  Every  person,  firm  or  corporation  conducting 
a barber  shop  in  the  City  of  Lexington,  shall  pay  an  annual  license  of  ten 
($10.00))  dollars. 

Sec.  199.  Chattel  Loan  Companies.  Every  person,  firm  or  corporation, 
and  each  branch  or  agency  thereof,  engaged  in  the  business  of  loaning  money  on 
chattels,  by  taking  a chattel  mortgage  thereon,  or  bills  of  sale  therefor,  or  who 
shall  engage  in  the  business  of  loaning  money  for  interest  or  compensation, 
whether  such  loans  are  secured  or  unsecured  or  evidenced  by  any  writing, 
or  other  wise,  excepting  banks  or  trust  companies,  duly  organized  under  the  laws 
of  Kentucky,  or  the  National  Banking  Act,  and  regularly  engaged  in  the  bank- 
ing business,  shall  be  deemed  money  lenders  and  shall  pay  an  annual  license  of 
fifty  ($50.00)  dollars  therefor. 

Sec.  200.  Every  person,  firm  or  corporation  violating  the  provisions  of 
section  199  shall  be  fined  not  less  than  ten  ($10.00)  dollars  nor  more  than  fifty 
($50.00)  dollars  for  each  offense. 

Sec.  201.  Hauling  Night  Soil.  Persons  wishing  to  engage  in  the  oc- 
cupation of  hauling  night  soil  shall  pay  an  annual  license  of  ten  ($10.00)  dollars 
and  any  person  desiring  such  license  shall  procure  a certificate  from  the  Health 
Officer,  President  of  Board  of  Health,  or  Chairman  of  the  Crematory  Committee 
of  the  General  Council  stating  that  such  person  is  equipped  with  proper  tank, 
wagon  or  vessel  for  hauling  night  soil  as  required  by  ordinance. 

It  shall  be  the  duty  of  the  officer  issuing  such  certificate  to  inspect  the 
equipment  of  such  person  and  certify  to  such  as  conform  to  the  requirements 
of  this  section.  The  City  Clerk  shall  not  issue  any  such  license  except 
upon  such  certificates.  Anyone  violating  the  provisions  of  this  section  shall  be 
fined  ten  ($10.00)  dollars  for  each  offense. 

Any  person  having  such  license  who  shall  violate  any  of  the  rules  of  the 
Board  of  Health  with  reference  to  hauling  any  night  soil  or  depositing  same  in 
the  city  hopper  and  who  shall  deposit  same  in  a manhole,  or  otherwise  violate 
any  part  of  this  or  the  preceding  sections,  shall  forfeit  his  license  and  it  may  be 
revoked  by  the  Mayor  upon  reasonable  notice  of  such  person  and  opportunity 
to  be  heard. 

Sec.  202.  Garages.  All  persons,  firms  or  corporations  having  a per- 
manent location  in  this  city,  and  shall  be  prepared  to  keep,  repair  and  furnish 
supplies  for  automobiles,  shall  within  the  meaning  of  this  ordinance,  be  known 
as  keepers  of  a garage,  and  each  person,  firm  or  corporation,  conducting  such 
garage  shall  pay  an  annual  license  of  twenty-five  ($25.00)  dollars,  and  such 
person,  firm  or  corporation,  conducting  such  garage  shall  have  the  right  to  hire 
and  rent  automobiles  without  an  additional  license,  except  the  payment  of  one 
($1)  dollar  to  the  City  for  a registry  tag,  which  shall  be  furnished  by  the  City 
Clerk  as  provided  by  ordinance. 

Sec.  203.  Any  person,  firm  or  corporation,  other  than  keepers  of  a garage 
who  hire,  carry  passengers,  or  rent  such  machines,  shall  pay  an  annual  license 
of  ten  ($10.00)  dollars  upon  each  machine  and  upon  payment  of  such  license, 
without  additional  charge,  the  City  Clerk  shall  furnish  registry  tags  as  provided 
by  ordinance. 

Sec.  204.  Any  person  failing  to  take  out  and  pay  the  license  required 
by  this  ordinance  (sections  202  and  203)  shall  be  fined  in  any  sum  not  to  exceed 
the  amount  of  the  license. 


56 


LICENSES 


Ch.  7. 


Sec.  205.  Night  Hawks.  All  persons,  firms  or  corporations  owning  or 
operating  night  hawks,  public  carriages,  or  other  vehicles  for  public  hire  shall 
first  obtain  a license  from  the  City  to  conduct  or  carry  on  such  business,  and 
he  shall  pay  for  such  license  the  sum  of  twelve  ($12.50)  dollars  and  fifty  cents 
per  annum. 

Sec.  206.  Any  person,  firm  or  corporation  seeking  such  license  as  set  out 
in  section  205  shall  first  have  the  carriage  or  vehicle  which  is  to  be  licensed 
inspected  by  the  Health  Officer  of  the  City  of  Lexington,  and  if  said  carriage 
be  in  first  class  healthy  and  sanitary  condition  and  known  to  be  safe  for  travel- 
ing purposes,  the  said  Health  Officer  shall  give  to  the  person  seeking  such 
license  a certificate  to  the  City  Clerk,  authorizing  the  issuance  of  such  license  for 
said  carriage  or  vehicle  and  the  City  Clerk  shall  upon  the  presentation  of  such 
certificate  and  the  payment  of  the  required  license  fee  issue  to  such  person  a 
license  for  such  carriage  or  vehicle,  but  no  license  shall  be  issued  by  the  said 
clerk  until  such  certificate  is  presented.  The  license  shall  set  out  upon  its  face 
a number  for  such  carriage  or  vehicle,  the  said  number  beginning  with  the 
number  25  and  running  consecutively  thereafter  as  the  licenses  for  the  carriage 
and  vehicles  are  issued. 

Sec.  207.  All  carriages  or  vehicles  so  licensed  shall  at  all  times  during  the 
night  have  a carriage  lamp  lighted  upon  each  side  of  the  said  carriage.  And 
the  number  of  said  carriage  as  designated  in  the  license  shall  be  plainly  painted 
upon  the  glass  of  said  lamp,  said  numbers  not  to  be  less  than  one  (1)  inch  in 
height. 

Sec.  208.  Any  person,  firm  or  corporation  applying  to  the  Health  Officer 
as  set  out  in  section  206,  and  refused  said  certificate,  may  have  a right  to  appeal 
to  the  Joint  Ways  and  Means  Committee  of  the  General  Council,  and  such  com- 
mittee upon  examination  shall  have  the  right  to  issue  such  certificate,  and  in  the 
event  the  said  certificate  is  granted  by  the  said  committee,  then  the  City  Clerk 
shall  issue  the  license  the  same  as  set  out  above. 

Sec.  209.  Nothing  in  this  ordinance  shall  be  construed  as  giving  the 
right  to  any  carriage  or  vehicle  to  stand  upon  any  street  heretofore  forbidden  by 
law,  and  this  ordinance,  so  far  as  license  is  concerned,  shall  not  apply  to  those 
who  conduct  a livery  stable  in  good  faith  and  pay  license  to  so  conduct  said 
stable ; but  the  Health  Officer  shall,  at  any  time,  have  the  right  to  condemn  any 
public  carriage  by  reason  of  unhealthy  and  unsanitary  condition. 

Sec.  210.  Any  person,  firm  or  corporation  violating  any  part  of  this 
ordinance  (sections  205  to  210)  shall  be  fined  for  each  offense  not  exceeding  the 
amount  of  the  license  herein  prescribed. 

Sec.  21 1.  Hucksters.  During  the  month  of  March  in  the  year  1910  and 
during  the  same  month  of  each  succeeding  year  thereafter,  each  person,  firm 
or  corporation,  engaged  in  huckster  business  shall  pay  an  annual  license  to 
the  City  Treasurer  of  twenty-five  ($25.00)  dollars. 

Sec.  212.  No  license  shall  be  issued  as  set  out  in  section  21 1 for  a less 
amount  than  the  sum  required  for  an  entire  annual  license. 

Sec.  213.  Nothing  shall  be  construed  in  this  ordinance  as  requiring 
persons  selling  produce  actually  raised  by  them  upon  property  under  their 
control  to  pay  a license,  but  whenever  any  person,  firm  or  corporation  buys  any 
goods,  wares,  produce  or  merchandise  for  the  purpose  of  reselling  same  as 
huckster,  he  shall  be  licensed  as  set  out  above. 

Sec.  214.  Lunch  Stands.  Every  person  keeping  a lunch  stand  on  the 
streets  of  the  City  of  Lexington  shall  pay  the  City  an  annual  license  of  fifty 


LICENSES 


5 7 


Ch  .7. 

($50.00)  dollars,  and  all  money  so  derived  by  the  City  shall  be  credited  to  and 
become  a part  of  the  General  Expense  Fund  of  the  city  and  be  used  for  no  other 
purpose. 

Sec.  215.  No  lunch  stand  shall  be  allowed  to  occupy  any  part  of  any 
sidewalk,  and  every  lunch  stand  shall  be  provided  with  wheels  and  be  easily 
movable  from  place  to  place.-  The  City  Clerk  will  not  issue  a street  lunch 
stand  license  until  the  applicant  produces  to  him  a certificate  of  the  Board  of 
Public  Works  that  the  applicant  is  equipped  with  a stand  mounted  on  wheels  in 
compliance  with  this  ordinance. 

Sec.  216.  No  license  shall  be  construed  as  giving  the  holder  thereof  the 
right  to  conduct  his  stand  on  any  particular  street  of  the  city,  and  such  stand 
shall  be  at  all  times  under  the  strict  supervision  of  the  Board  of  Public  Works 
and  subject  to  removal  from  place  to  place  by  order  of  said  department,  and 
any  such  license  shall  be  subject  to  revocation  by  the  Board  if  the  holder 
thereof  violates  this  ordinance  in  any  respect  or  fails  to  comply  with  any  order 
of  said  Board,  directing  him  to  move  his  stand,  or  if  he  allow  his  stand  to 
become  or  create  a nuisance. 

Sec.  217.  That  lunch  wagons  be  permitted  to  stand  on  Broadway  be- 
tween Vine  and  Church  Streets,  and  on  Cheapside,  provided  the  proprietor  has 
the  consent  of  the  occupant  of  the  property  in  front  of  which  the  wagon  is  to 
stand. 

Sec.  218.  That  push  carts  or  wagons  vending  fruit,  confections,  etc., 
be  permitted  on  the  streets,  provided  they  do  not  stand  longer  than  thirty  (30) 
minutes  at  a time  in  any  one  spot,  when  they  shall  be  compelled  to  move  at  least 
one-half  (^4)  a block. 

Sec.  219.  Dogs.  Each  person  owning  a dog  in  the  City  of  Lexington 
shall  pay  an  annual  license  of  one  ($1.00)  dollar,  and  upon  the  payment  of  said 
license  the  City  Clerk  shall  deliver  to  said  person  a metal  tag  with  the  year  for 
which  said  license  is  paid  engraved  thereon,  which  tag  shall  be  attached  to  the 
collar  on  said  dog.  (Repealed — see  section  No.  123.) 

Sec.  220.  Public  Bath  Rooms.  Each  person,  firm  or  company  conduct- 
ing a public  bath  room  for  pay  in  this  city  shall  pay  an  annual  license  of  ten 
($10.00)  dollars.  This  shall  not  apply  to  duly  licensed  hotels. 

Sec.  221.  Medicine  Vendors.  Every  vendor  of  medicines  or  nostrums, 
who  shall  sell  same  from  house  to  house  or  on  the  streets  or  other  highways 
of  the  city,  shall  pay  a license  of  one  hundred  and  fifty  ($150.00)  dollars  per 
annum. 

Sec.  222.  Various  Occupations.  Each  and  every  person,  corporation  or 
company  which  shall  engage  in,  conduct  or  carry  on  any  trade,  occupation,  em- 
ployment or  business  hereinafter  named,  shall  pay  to  the  City  of  Lexington  a 
license  fee  in  the  respective  amounts  hereinafter  set  out  and  prescribed  and 
obtain  a license  therefor : 

1.  Pistols.  To  buy,  sell  or  deal  in  pistols,  or  to  take  same  in  trade  for 
other  things,  or  to  act  agent  to  buy,  sell  or  trade  in  pistols,  one  hundred  ($100.00) 
dollars  per  annum. 

2.  Cash  Registers.  To  sell  cash  registers  or  computing  scales  from 
samples  displayed  in  any  public  place,  or  to  conduct  a place  of  business  for  the 
purpose  of  displaying  cash  registers  or  computing  scales  as  samples  from  which 
sales  are  made,  ten  ($10.00)  dollars  per  annum. 

3.  Messenger  Service.  To  conduct  a messenger  service,  ten  ($10.00) 
dollars  per  annum. 


58 


LICENSES  Ch.  7 

4.  Collection  Agency.  To  conduct  a collection  or  credit  reporting 
agency,  fifteen  ($15.00)  dollars  per  annum. 

5.  Athletic  Clubs.  For  each  athletic  club  under  whose  auspices  and 
management  boxing  and  wrestling  contests  are  held,  and  for  which  admission 
is  charged,  one  hundred  ($100.00)  dollars  per  annum. 

6.  Boxing  Bouts,  Etc.  For  boxing  or  wrestling  bouts,  contests  or 
tournaments  to  which  admission  is  charged,  ten  ($10.00)  dollars  for  each  per- 
formance, provided  that  the  payment  of  a license  fee  for  each  performance 
shall  pot  be  required  where  the  contests  are  held  by  any  club  or  person  who 
has  paid  the  annual  license  fee  of  one  hundred  ($100.00)  dollars. 

7.  Carriage  Shops.  Carriage  or  wagon  manufacturing  or  repair  shops, 
ten  ($10.00)  dollars  per  annum. 

8.  Blacksmiths.  Blacksmith  or  horse-shoeing  shops,  ten  ($10.00)  dol- 
lars per  annum. 

9.  Tailorshops.  Tailor  shops,  except  where  the  person  operating  the 
shop  pays  the  merchant’s  license  to  the  city,  ten  ($10.00)  dollars  per  annum. 

10.  Cobblers.  Shoe  repair  or  cobbler  shops,  five  ($5.00)  dollars  per 
annum.  • 

11.  Shoe  Shiners.  Shoe  shining  stands  or  parlors,  ten  ($10.00)  dollars 
per  annum. 

12.  Real  Estate  Brokers.  Buying  and  selling,  renting  or  leasing  real 
estate  or  collecting  rentals  on  real  estate  on  commission  or  for  compensation, 
twenty-five  ($25.00)  dollars  per  annum. 

13.  House  to  House  Agents.  To  canvass  from  place  to  place,  whether 
on  foot  or  on  horse  or  wagon,  and  sell  or  take  orders  for  the  sale  of  any  rugs, 
carpets,  mattings,  furniture,  stoves,  blankets,  lace  curtains,  clocks,  jewelry,  dress 
goods,  kimonos,  cloaks,  clothing,  bedspreads,  comforts  or  window  shades,  where 
such  sales  are  made  conditionally,  or  the  title  retained  in  the  seller  in  order  to 
secure  payment  of  the  purchase  money,  twenty-five  ($25.00)  dollars  per  annum. 

14.  Packing  House  Agents.  For  each  branch  or  agency  of  any  packing 
house,  company  or  concern,  soliciting  orders  for  the  sale  of,  or  selling  to  retailers 
or  consumers  fresh  meats,  including  pork,  beef,  mutton,  sausage  or  other  pack- 
ing products,  exclusive  of  cured  or  salt  meats,  where  the  deliveries  are  to  be  made 
from  local  stocks  or  from  railroad  cars,  fifty  ($50.00)  dollars  per  annum. 

15.  Printers.  Job  printing,  or  job  printing  and  book  binding,  ten 
{$10.00)  dollars  per  year. 

16.  Cleaning  and  Dyeing.  Cleaning  and  dyeing  establishments,  ten 
{$10.00)  dollars  per  annum. 

17.  Publishers — Daily  Papers.  Publishing  daily  newspapers,  fifty 
{$50.00)  dollars  per  annum. 

18.  Publishers — Weekly  or  Monthly  Papers.  Publishing  weekly  01 
monthly  newspapers,  ten  ($10.00)  dollars  per  annum. 

19.  Merchandise  Broker — Tobacco  Warehouses.  Every  person,  firm  or 
corporation  engaged  in,  or  acting  as  agent  for  the  sale  or  purchase  of  goods, 
grains,  tobacco,  wares  or  other  merchandise,  shall  pay  an  annual  license  of 
twenty-five  ($25.00)  dollars.  Every  person,  firm  or  corporation  conducting  a 
tobacco  warehouse,  where  sales  or  purchases  of  tobacco  are  conducted,  or  tobacco 
storage  houses  where  tobacco  is  stored,  or  rehandled,  shall  pay  an  annual  license 
of  twenty-five  ($25.00)  dollars  per  year  for  each  house. 


Ch.  7. 


LICENSES 


59 


Sec.  223.  Part  of  General  Fund.  All  money  derived  from  the  payment 
of  the  licenses  provided  for  by  the  ordinances  of  the  City  of  Lexington  shall, 
when  collected,  become  a part  and  be  credited  to  the  general  expense  fund  of 
the  city,  and  shall  be  used  for  no  other  purpose. 

Sec.  224.  Penalties.  Any  person,  firm  or  corporation  which  shall  engage 
in,  conduct  or  carry  on  any  trade,  occupation,  employment,  business  or  profes- 
sion, for  which  a license  is  required  by  ordinance,  without  obtaining  such  license 
and  paying  the  license  tax  therefor  as  required,  or  who  shall  violate  any  of  the 
provisions  of  any  ordinance  of  the  city  requiring  the  taking  out  of  such  licenses 
and  regulating  the  same,  unless  otherwise  specifically  provided,  shall  upon 
conviction  in  the  Police  Court,  be  fined  not  less  than  one  ($1.00)  dollar,  nor 
more  than  one  hundred  ($100.00)  dollars  for  each  offense ; provided,  however, 
that  in  no  case  shall  a fine  for  any  one  violation  exceed  the  amount  of  the  license 
tax  required  and  costs.  Such  conviction  shall  not  exempt  the  person  convicted 
from  the  payment  of  the  license  tax  nor  be  a bar  to  further  prosecutions  for  any 
future  violation  of  such  ordinance.  Prosecutions  for  any  such  violation  may 
be  begun  by  a warrant  sworn  out  either  by  the  License  Officer  of  the  City  of 
Lexington,  or  by  any  officer,  employee  or  citizen  of  said  city,  and  in  the  case 
of  any  conviction  if  the  fine  imposed  is  not  paid,  the  person  so  convicted  shall 
be  confined  in  the  City  Workhouse  or  City  Jail.  The  agent  or  agents  of  non- 
resident proprietors,  companies,  corporations  or  firms  shall  be  subject  to  punish- 
ment for  carrying  on  any  business,  trade,  occupation  or  profession  without 
license  the  same  as  if  they  were  the  proprietors  or  owners. 

Sec.  225.  The  provisions  of  the  foregoing  sections  relating  to  licenses 
shall  not  apply  to  the  business  of  conducting  coffee  houses  or  to  other  trades, 
occupations  or  businesses  otherwise  specifically  provided  for  by  ordinance. 


6o 


LICENSES. 


Ch.  7 


CHAPTER  7;  ARTICLE  II. 

LICENSES.  COFFEE  HOUSES. 

Sec.  226.  What  Are  Coffee  Houses.  All  saloons,  beer  gardens, 
coffee  houses  or  any  other  place  wherein  spirituous,  vinous  or  malt  liquors  are 
sold  in  quantities  less  than  a quart,  to  be  drunk  on  the  premises  or  elsewhere, 
shall  within'  the  meaning  of  this  ordinance  be  known  and  designated  as  coffee 
houses. 

Sec.  227.  Coffee  House  Keepers.  Each  individual,  firm,  partnership  or 
corporation  conducting  and  operating  a coffee  house  in  the  City  of  Lexington 
shall,  within  the  meaning  of  this  ordinance  be  known  and  designated  as  a coffee 
house  keeper. 

Sec.  228.  License  Required.  It  shall  be  unlawful  to  conduct  or  operate 
a coffee  house  within  the  corporate  limits  of  the  City  of  Lexington  wdthout  a 
license  therefor  obtained  in  the  manner  provided  in  this  ordinance. 

Sec.  229.  When  Clerk  to  Issue — To  Whom — Separate  From  Other  Busi- 
ness— Penalty.  No  coffee  house  license  shall  be  issued  by  the  City  Clerk  until 
the  same  has  been  granted  and  authorized  by  the  Board  of  Commissioners  of 
the  City  of  Lexingtorl,  evidenced  by  motion  for  that  purpose  duly  made  and 
carried  and  entered  upon  the  journal  of  proceedings  of  said  Board  of  Commis- 
sioners. No  coffee  house  license  shall  be  granted  to  any  person  who  is  not  a 
citizen  of  the  United  States  and  a resident  of  the  City  of  Lexington,  Kentucky, 
nor  to  any  minor  or  person  of  unsound  mind,  nor  to  any  person  who  has  not  a 
good  moral  character;  nor  shall  any  license  be  issued  for  the  conduct  of  a coffee 
house  in  any  part  of  the  city  known  and  described  in  Ordinances  Nos.  255  and 
63  (Secs.  257  and  261),  new  series  of  the  City  of  Lexington.  No  coffee  house 
shall  be  conducted  in  connection  with  a grocery,  restaurant,  meat  store,  market 
or  butcher  shop,  dance  hall  or  any  other  business  whatever,  except  a bona  fide 
hotel  of  not  less  than  twenty-five  (25)  rooms,  nor  shall  any  license  be  granted  to 
any  person  to  conduct  a coffee  house  in  connection  with  any  other  business 
except  such  bona  fide  hotel.  The  words  “in  connection  with”  as  used  in  this  sec- 
tion are  intended  to  mean,  and  shall  be  construed  to  mean,  any  physical  connec- 
tion by  doorway,  or  other  passage  way  between  the  coffee  house  and  such  other 
business  whereby  access  may  be  had  from  o^ie  to  the  other  and  by  means  of  which 
the  business  of  the  coffee  house  may  be  carried  on  through  such  other  place  of 
business  in  violation  of  law  or  ordinance.  It  shall  be  immaterial  whether  such 
other  business  is  conducted  by  the  same  person  as  the  coffee  house,  or  whether 
they  be  in  the  same  building,  and  in  all  cases  the  Board  of  Commissioners  shall 
determine  whether  such  physical  connection  exists  as  contemplated  by  this  section, 
and  when  such  coffee  house  is  separated  from  such  other  business,  it  shall  be  by  a 
wall  at  least  twelve  (12)  inches  in  thickness.  The  violation  of  this  section  by 
any  coffee  house  keeper  shall  subject  him  to  a revocation  or  suspension  of  his 
license  as  provided  in  section  24,  (249  Rev.  Ord.)  of  this  ordinance. 

Sec.  230.  Number  Limited — Transfers — How  Made — Protests.  No  cof- 
fee house  license  shall  be  granted  to  any  person,  firm  or  corporation  not  holding 
a license  at  the  time  of  the  passage  of  this  ordinance  until  the  number  of  coffee 
house  licenses  in  effect  has  been  reduced  to  seventy-five  (75)  and  thereafter  no 
coffee  house  licenses,  in  excess  of  seventy-five  (75),  shall  be  granted  to  be  in 
effect  at  the  same  time ; provided,  however,  that  nothing  in  this  section  shall  be 
construed  to  prevent  the  transfer  of  a license  from  one  person,  firm  or  corpora- 
tion to  another,  or  from  one  location  to  another  by  a majority  vote  of  the  Board 
of  Commissioners ; provided  further,  that  the  applicant  secures  the  written  con- 


Ch.  7 


LICENSES. 


61 


sent  of  the  owners  of  a majority  of  the  fronting  or  abutting  feet  of  property  on 
both  sides  of  the  street  in  the  square  in  which  the  building  is  located  in  which 
the  coffee  house  is  to  be  conducted  under  such  license  when  transferred,  and 
if  such  building  be  a corner  building  or  have  an  opening  on  two  streets,  the 
consent  of  the  owners  of  the  majority  of  the  fronting  or  abutting  feet  of 
property  on  both  sides  of  each  of  said  streets  in  such  squares  must  be  obtained 
and  filed  with  the  Board  of  Commissioners ; provided  further,  that  before  such 
transfer  is  granted  the  application  therefor  shall  be  read  before  the  Board  of 
Commissioners  and  shall  remain  on  file  one  (i)  week  in  the  City  Clerk’s  office 
for  public  inspection,  and  notice  thereof  shall  be  published  at  least  five  (5) 
times  in  the  official  newspaper  of  the  city.  . But  nothing  in  this  ordinance  shall 
be  construed  to  prevent  the  owners  of  a majority  of  such  abutting  feet  of  prop- 
erty as  above  described  from  protesting  against  the  renewal  of  any  coffee  house 
license,  and  if  the  owners  of  a majority  of  such  abutting  feet  of  property  shall 
protest  against  the  renewal  of  a coffee  house  license,  then  said  license 
shall  not  be  renewed  by  the  Board  of  Commissioners.  Said  protest  must  be  in 
writing,  signed  by  the  persons  protesting,  and  shall  show  the  number  of  abutting 
feet  of  property  owned  by  each  of  them  and  shall  be  filed  with  the  Board  of 
Commissioners  on  or  before  January  1,  of  each  year. 

Sec.  231.  Renewals  to  Owner.  In  the  event  that  a license  is  issued  for 
the  conduct  of  a coffee  house  in  a certain  location,  and  a coffee  house  has  been 
conducted  at  such  location,  and  if  for  any  reason  the  person  to  whom  such 
license  is  issued  shall  cease  to  conduct  a coffee  house  at  such  location,  then  the 
owner  of  the  property  may  unite  in  an  application  with  another  person  for  a 
license  for  a coffee  house  at  such  location,  and  the  Commissioners  may  issue  a 
license  for  the  conduct  of  a coffee  house  at  such  location  provided  that  the  appli- 
cant who  is  to  conduct  such  coffee  house  shall  be  a fit  person,  firm  or  corporation 
to  conduct  such  coffee  house  and  shall  comply  with  the  provisions  of  this  ordi- 
nance. 

Sec.  232.  Hotels  Excepted.  Nothing  in  this  ordinance  is  to  be  construed 
to  prevent  the  Board  of  Commissioners  from  granting  coffee  house  license  to 
any  bona  fide  hotel  or  tavern  of  more  than  forty  (40)  rooms  that  may  hereafter 
be  erected  or  established  in  the  City  of  Lexington,  Kentucky,  if  in  their  judg- 
ment the  person,  firm  or  corporation  erecting  or  establishing  said  hotel  or  tavern 
is  competent  and  fit  to  manage  a coffee  house,  and  provided  further  that  such 
applicant  complies  with  all  of  the  provisions  of  this  ordinance. 

Sec.  233.  Affidavit  Before  Issuing.  Each  person,  firm  or  corporation 
to  whom  a coffee  house  license  may  be  granted,  renewed  or  transferred,  shall 
before  said  license  is  issued,  renewed  or  transferred,  file  with  the  City  Clerk  an 
affidavit,  as  to  his  name,  age,  nativity,  and  the  location  of  the  building  in  which 
he  is  to  conduct  such  business,  and  if  a company  or  firm,  the  names  and  addresses 
of  all  the  members  and  partners  composing  the  same;  if  a corporation,  the 
name  of  the  president  and  secretary,  the  location  of  the  principal  office  of  the 
corporation,  the  name  of  the  State  under  which  it  is  chartered,  and  the  name  and 
address  of  the  person  who  is  to  manage  the  business. 

Sec.  234.  Bond — Conditions  of.  No  coffee  house  license  shall  be  issued 
until  the  applicant  therefor  shall  have  executed  a bond  to  the  City  of  Lexington 
in  the  penal  sum  of  two  hundred  ($200.00)  dollars,  with  surety  approved  by 
the  Commissioner  of  Public  Safety,  conditioned  that  the  licensee  Twill  not  keep 
a disorderly  house  or  sell  any  liquor  to  habitual  drunkards,  or  to  any  minor, 
except  upon  the  written  order  of  the  parent  or  guardian  of  such  minor  and  will 
not  permit  in  his  coffee  house  gambling,  rioting  or  disorderly  conduct  and  that  he 
will  not  keep  open  his  coffee  house,  or  sell  or  permit  to  be  sold  therein  or  there- 


62 


LICENSES. 


Ch.  7 


from,  any  beer,  ale,  or  any  spirituous,  vinous  or  malt  liquors  or  any  near  beer, 
coca-cola  or  other  soft  drinks,  on  Sunday,  or  between  the  hours  of  12  :oo  p.  m., 
and  4:00  a.  m.,  or  on  any  election  day,  and  that  he  will  not  violate  any  pro- 
visions of  this  ordinance  or  of  any  other  ordinance  of  the  city  relating  to  coffee 
houses  and  that  he  will  pay  any  and  all  fines  which  may  be  inflicted  upon  him  for 
the  breach  of  this  ordinance  or  any  other  ordinance  relating  to  coffee  houses. 

Sec.  235.  One  Year  to  Run — Amount  and  How  Payable.  Coffee  house 
license  will  be  issued  to  run  from  March  1 of  one  year  to  March  1,  of  the  suc- 
ceeding year,  or  may  be  issued  for  one-half  of  such  period.  The  annual  license 
fee  for  each  coffee  house  license  shall  be  seven  hundred  and  fifty  ($750.00) 
dollars,  to  be  paid  on  or  before  March  10  of  the  license  year,  provided  that  the 
licensee  shall  have  the  privilege  of  paying  three  hundred  and  seventy-five 
($375.00)  dollars  on  or  before  March  10  and  the  remaining  three  hundred  and 
seventy-five  ($375.00)  dollars  on  or  before  September  10  of  such  year.  Before  any 
coffee  house  license  is  issued  by  the  City  Clerk,  the  applicant  therefor  shall  pay 
to  the  City  Treasurer  the  required  sum  as  above  set  out  and  present  the  treas- 
urer’s receipt  to  the  City  Clerk.  If  the  entire  license  fee  is  paid,  the  clerk  will 
issue  the  license  for  the  full  year.  If  only  half  of  the  license  fee  is  paid,  the  clerk 
will  issue  the  license  for  six  (6)  months. 

Sec.  236.  Money  Part  of  General  Fund — Not  Refunded.  All  money  de- 
rived from  the  payment  of  the  licenses  provided  for  in  this  ordinance  shall,  when 
collected,  become  a part  and  be  credited  to  the  general  fund  of  the  city.  No  por- 
tion of  any  money  paid  for  a coffee  house  license  shall  be  refunded  by  the  city. 

Sec.  237.  Assignable  and  Transferable.  License  issued  under  the  pro- 
visions of  this  ordinance  shall  be  assignable  and  transferable;  subject,  however, 
to  the  approval  of  the  Board  of  Commissioners  and  subject  to  all  the  provisions 
of  this  ordinance  with  reference  to  the  original  issue  of  such  license  except 
the  payment  of  the  license  fee  if  the  same  has  been  paid. 

Sec.  238.  Glass  in  Front.  All  window  glass  in  the  front  of  rooms  used 
for  coffee  houses  shall  be  clear  and  transparent  and  shall  not  be  frosted  or  dis- 
colored in  any  manner;  nor  shall  any  letters,  signs,  characters  or  devices  of  any 
kind  whatsoever  be  placed  upon  said  glass  that  will  obstruct  or  obscure  the  view. 
The  glass  in  the  front  part  of  each  coffee  house  shall  commence  at  a line  not 
exceeding  approximately  four  (4)  feet  above  the  side  walk  just  in  front  of  the 
coffee  house,  and  shall  extend  upward  to  a point  not  less  than  six  (6)  feet  above 
the  grade  of  such  sidewalk. 

Sec.  239.  Obstructions  to  View  Not  Allowed.  No  curtains,  awnings, 
screens  or  devices  of  any  kind  whatsoever  shall  be  used  within  orjwithout  any  cof- 
fee house,  except  bona  fide  hotels,  in  any  manner  that  will  obstruct  the  view  from 
the  street  or  sidewalk,  of  that  part  of  such  coffee  house  situated  behind  the  bar 
or  counter  during  hours  when  the  coffee  house  is  required  by  law  or  ordinance, 
to  be  closed.  During  such  hours  all  doors,  curtains  and  screens  in  permanent 
interior  screens  or  partitions  shall  be  kept  open  so  as  to  afford  the  fullest  possible 
view  of  the  interior  of  the  coffee  house,  and  sufficient  lights  shall  be  kept  burn- 
ing to  fully  light  the  interior  thereof. 

Sec.  240.  To  Whom  Not  to  Sell.  It  shall  be  unlawful  for  any  coffee  house 
keeper  to  give  or  sell  any  intoxicating  liquors  to  any  person  under  the  age  of 
twenty-one  (21)  years  without  the  written  consent  of  the  parent  or  guardian  of 
such  child  or  to  any  habitual  drunkard  or  inebriate  or  to  any  person  who  has 
been  judicially  declared  to  be  an  idiot  or  of  unsound  mind,  or  to  conduct  in 
connection  with  his  coffee  house  any  dance  hall,  wine  room  or  sitting  room,  or 
to  allow  or  permit  gambling  of  any  kind  or  nature  whatsoever  in  or  about  such 
coffee  house. 


Ch.  7 


LICENSES. 


63 


Sec.  241.  Infants  and  Women  Not  to  Enter.  It  shall  be  unlawful  for  any 
person  under  the  age  of  twenty-one  (21)  years  without  the  written  consent  of 
the  parent  or  guardian  of  such  person  or  any  woman  to  enter  any  coffee  house 
or  to  loiter  about  same  or  the  doors  thereof,  and  any  one  violating  the  pro- 
visions of  this  section  shall  be  fined  not  less  than  one  ($1.00)  dollar,  or  more 
than  fifty  ($50.00)  dollars  for  each  offense. 

Sec.  242.  Members  of  Family.  It  shall  be  unlawful  for  any  coffee  house 
keeper  to  permit  any  person  under  twenty-one  (21)  years  of  age,  without  the 
written  consent  of  the  parent  or  guardian  of  such  person,  or  any  woman  to  enter 
his  coffee  house,  or  loiter  about  same  or  the  doors  thereof,  but  this  section  and 
section  241  shall  not  be  construed  to  include  members  of  a coffee  house  keeper’s 
family  or  persons  in  his  employment. 

Sec.  243.  Not  to  Enter  on  Sunday.  It  shall  be  unlawful  for  any  coffee 
house  kepeer,  his  agent  or  employe,  to  enter  his  coffee  house  on  Sunday,  except 
for  the  purpose  of  complying  with  section  239  of  this  ordinance  with  reference 
to  lighting,  or  for  the  purpose  of  icing  beer  or  unless  it  becomes  necessary  to 
enter  such  coffee  house  to  prevent  injury  thereto  by  fire  or  other  cause. 

Sec.  244.  Music  Not  Allowed.  It  shall  be  unlawful  for  any  coffee  house 
keeper  to  allow  or  permit  music  by  pianos,  bands,  music  boxes,  or  any  other 
instruments  in  his  coffee  house,  or  to  permit  said  coffee  houses  to  be,  or  become 
a disorderly  house,  or  to  permit  lewd,  indecent  or  immoral  acts  to  be  com- 
mitted therein,  or  on  the  premises  adjacent  thereto  and  under  the  control  of 
such  coffee  house  keeper,  or  to  permit  in  such  coffee  house,  or  premises,  loud 
or  boisterous  conversation,  sounds  or  other  noises,  or  to  permit  such  coffee  house 
or  premises  to  be  used  for  purposes  of  prostitution,  assignation  or  other  immoral 
purpose  or  to  become  a nuisance. 

Sec.  245.  Not  to  Keep  Open — When.  It  shall  be  unlawful  for  any 
coffee  house  keeper  to  keep  open  his  coffee  house  on  Sunday,  or  between  the 
hours  of  12:00  o’clock  p.  m.,  and  4:00  o’clock  a.  m.  on  any  other  day  of  the 
week,  or  on  election  day,  or  to  sell,  give  away  or  deliver,  during  such  prohibited 
days  and  times,  any  beer,  ale  or  spirituous,  vinous  or  malt  liquors  or  any  near 
beer,  coca-cola  or  other  soft  drinks. 

Sec.  246.  Sunday  Clubs  Forbidden.  It  shall  be  unlawful  for  any  coffee 
house  keeper  to  permit  any  club,  of  the  kind  commonly  known  as  “Sunday  Clubs,” 
to  be  conducted  or  operated  in  or  to  have  quarters  in  any  building  under  control 
of  such  coffee  house  keeper,  wherein  beer,  ale,  or  any  spirituous,  vinous  or 
malt  liquors  or  any  near  beer,  coca-cola  or  other  soft  drinks  may  be  served  and 
drunk  on  Sunday  or  between  the  hours  of  12:00  o’clock  p.  m.,(  and  4:00  o’clock 
a.  m.  on  any  other  day  of  the  week  or  on  any  election  day ; or  to  permit  any  part 
of  any  building  under  his  control  to  be  used  as  a place  for  the  purpose  of  drink- 
ing any  such  liquors  at  any  such  times. 

Sec.  247.  Ordinance  Posted- — Where.  Each  coffee  house  keeper  hav- 
ing a license  under  the  provisions  of  this  ordinance  shall  exhibit  the  same  in 
plain  view  in  his  place  of  business  at  all  times  while  the  same  is  in  force  and 
shall  at  all  times  keep  posted  in  a conspicuous  place  in  such  coffee  house,  so 
that  same  will  be  easily  read,  a copy  of  all  the  principal  features  of  this  ordi- 
nance relative  to  the  regulations  of  such  places  of  business. 

Sec.  248.  Penalties.  If  any  coffee  house  keeper  shall,  in  person,  or  by 
bis  agent  or  employe,  with  or  without  the  knowledge  of  such  coffee  house  keeper, 
violate  any  provision  of  this  ordinance,  such  coffee  house  keeper  shall,  upon 
conviction,  be  fined  not  less  than  fifty  ($50.00)  dollars  nor  more  than  one 
hundred  ($100.00)  dollars  for  each  offense ; and  the  individual  person,  whether 


64 


LICENSES. 


Ch.  7 


he  be  the  coffee  house  keeper  or  the  agent  or  employee  who  commits  the  act 
which  constitutes  such  violation,  shall  upon  conviction  be  confined  in  the  city 
jail  not  less  than  five  (5)  nor  more  than  thirty  (30)  days.  Any  coffee  house 
keeper  so  offending,  shall,  in  addition  to  the  punishment  prescribed  in  this 
section,  be  subject  to  a forfeiture  or  suspension  of  his  license  as  hereinafter 
provided. 

Sec.  249.  Proceedings  to  Revoke  License.  If  any  coffee  house  keeper 
shall  be  convicted  in  a court  of  competent  jurisdiction  of  violating  any  pro- 
visions of  this  ordinance,  and  a copy  of  the  judgment  of  conviction  be. certified  to 
the  Board  of  Commissioners,  the  said  board  shall  have  the  right  and  power,  by 
order  entered  on  its  journal,  to  revoke  and  forfeit  the  license  of  such  coffee  house 
keeper  or  suspend  such  license  and  the  right  to  do  business  thereunder  for  such 
length  of  time  as  the  board  may  deem  proper,  and  no  appeal  from  such  judg- 
ment of  conviction  shall  operate  to  suspend  the  power  of  the  Board  of  Commis- 
sioners to  revoke  or  suspend  a license  as  provided  in  this  section.  If  the  Board  of 
Commissioners  shall  be  informed,  or  have  reason  to  believe,  that  any  provision  of 
this  ordinance  has  been  violated  or  is  being  violated  by  any  coffee  house  keeper 
or  his  agent  or  employee,  whether  such  coffee  house  keeper  has  been  convicted 
of  such  violation  or  not,  the  said  board  shall  have  the  right  and  power  to  hear 
evidence  of  such  violation,  and  if  the  board  be  satisfied  upon  such  evidence  that 
such  coffee  house  keeper,  his  agent  or  employe,  has  violated  any  provision  of  this 
ordinance,  the  board  shall,  by  order  entered  upon  the  journal  of  its  proceedings, 
revoke  and  forfeit  the  license  of  such  coffee  house  keeper  or  suspend  his  license 
and  the  right  to  do  business  thereunder  for  such  time  as  the  board  may  deem 
proper ; provided,  however,  that  in  every  instance  where  the  coffee  house  keeper 
has  violated  section  20,  (244  Rev.  Ord.)  of  this  ordinance  by  keeping  open  his 
coffee  house  on  Sunday  or  by  selling,  giving  away  or  delivering  any  beer,  ale, 
spirituous,  vinous  or  malt  liquors,  near  beer,  coca-cola  or  other  soft  drinks,  on 
Sunday,  his  license  shall  be  revoked  by  the  Board  of  Commissioners.  Before 
such  hearing  is  had,  the  board  will  give  the  coffee  house  keeper  at  least  twenty- 
four  (24)  hours  notice  of  the  time  and  place  of  such  hearing  and  he  shall  be  en- 
titled to  be  present  in  person  or  by  counsel  and  to  offer  testimony  in  hi^  behalf. 
The  decision  of  the  Board  of  Commissioners  revoking  or  suspending  a coffee  house 
license  shall  be  final  and  no  appeal  shall  be  taken  therefrom.  If  a coffee  house 
license  be  revoked,  no  new  license  shall  be  granted  to  the  same  person  for  a 
period  of  twelve  (12)  months,  and  if  such  person  be  employed  in  any  other 
coffee  house,  such  employment  shall  be  cause  for  the  revocation  or  suspension  of 
the  license  of  the  coffee  house  thus  employing  him.  Under  no  circumstances 
shall  the  City,  the  Mayor  or  any  Commissioner  or  employee  of  the  City  be  liable 
in  damages  to  any  person  by  reason  of  the  revocation  or  suspension  of  any  coffee 
house  license  as  herein  provided. 

Sec.  250.  If  any  person,  firm  or  corporation,  to  whom  a coffee  house 
license  is  granted,  shall  continue  to  operate  or  conduct  his  coffee  house  after 
his  license  has  been  revoked,  or  during  the  time  for  which  it  has  been  suspended, 
as  provided  in  section  24,  (Sec.  249  Rev.  Ord.),  of  this  ordinance,  he  shall  be 
subject  to  the  same  punishment  as  provided  in  section  26,  (251  Rev.  Ord.),  of 
this  ordinance,  for  conducting  a coffee  house  without  a license  and  each  day 
he  shall  so  operate  and  conduct  his  coffee  house  shall  be  a separate  offense. 

Sec.  251.  Coffee  House  Without  License— Penalty.  If  any  person  shall 
conduct  or  operate  a coffee  house  without  a license  therefor,  as  required  by  ordi- 
nances of  the  City,  or  if  any  person,  other  than  an  agent  or  employee  of  a licensed 
coffee  house  keeper  acting  within  the  scope  of  his  employment,  shall  sell  or 
otherwise  dispose  of  whiskey,  beer,  ale,  or  any  spiritutous,  vinous  or  malt  liquors 


Ch.  7 


LICENSES. 


65 


without  a license  therefor  as  required  by  ordinances  of  the  City,  such  person  shall 
be  fined  not  less  than  twenty  ($20.00)  dollars  nor  more  than  one  hundred 
($100.00)  dollars,  or  be  confined  in  the  City  Jail  not  less  than  ten  (10)  nor 
more  than  fifty  (50)  days  for  each  offense,  or  both  so  fined  and  imprisoned  in 
the  discretion  of  the  court  or  jury  trying  the  case. 

Sec.  252.  License  a Privilege.  Each  coffee  house  license  shall  be  granted 
and  issued  subject  to  all  the  provisions  and  conditions  of  this  ordinance  and 
shall  be  deemed  a mere  privilege  granted  to  the  licensee  with  the  distinct  under- 
standing and  agreement  that  a part  of  the  consideration  for  the  granting  of 
such  license  is  that  the  holder  thereof  shall  strictly  observe  and  obey  the  laws 
of  the  city  relating  to  coffee  houses  and  that,  in  case  of  their  violation  in  any 
respect  by  such  licensee,  his  license  shall  be  forfeited  or  suspended  by  the  Board 
of  Commissioners  as  provided  in  this  ordinance;  and  the  acceptance  of  any 
coffee  house  license,  by  the  licensee  shall  be  deemed  an  agreement  on  his  part  to 
obey  and  abide  by  all  the  terms  and  provisions  of  this  ordinance. 

Sec.  253.  Ordinances  Repealed.  All  ordinances  and  parts  of  ordinances 
in  conflict  herewith  and  particularly  Ordinances  Nos.  339  and  344  are  hereby 
repealed. 

Sec.  254.  Closed  by  Mayor — When.  Whenever,  in  the  opinion  of  the 
Mayor,  a state  of  riot  or  lawlessness  exists  in  the  City  of  Lexington,  from  which 
there  is  imminent  danger  of  injury  to  life  or  property,  and  such  danger  is  likely 
to  be  increased  by  the  sale  of  intoxicating  liquors,  the  Mayor  is  authorized  by 
his  written  proclamation,  to  direct  and  require  all  saloons  and  coffee  houses  to 
be  closed  and  to  forbid  and  prohibit  the  sale  or  gift  of  intoxicating  liquors  by 
retail  as  long  as  such  proclamation  is  in  force.  Said  proclamation  shall  become 
effective  as  to  any  person  to  whom  actual  notice  thereof  may  be  given,  im- 
mediately upon  the  giving  of  such  notice  by  the  service  of  a written  copy  thereof, 
and  the  same  shall  remain  in  force  until  revoked  or  suspended  by  similar 
proclamation  of  the  Mayor. 

Sec.  255.  While  the  proclamation,  mentioned  in  Section  254  is  in  force 
it  shall  be  unlawful  for  any  person  to  keep  open  a saloon  or  coffee  house,  or  to 
sell  or  give  away  spirituous,  malt  or  any  other  kind  of  intoxicating  liquors  in 
retail  quantities. 

Sec.  256.  Penalty.  Any  person,  firm  or  corporation  violating  these  ordi- 
nances (Secs-  254  and  255  Revised  Ordinances)  shall  be  fined  not  less  than  five 
($5.00)  dollars  nor  more  than  fifty  ($50.00)  dollars  for  each  offense. 

Sec.  257.  Parts  of  City  Where  Liquors  Not  to  be  Sold.  On  and  after 
March  1st,  1914,  it  shall  be  unlawful  for  any  person  to  set  up  or  operate  any 
coffee  house  or  saloon,  or  to  sell  or  otherwise  dispose  of  any  spirituous,  vinous 
or  malt  liquors  within  that  portion  of  the  City  of  Lexington  described  as  follows : 

Beginning  at  the  south  side  of  Main  and  Deweese  streets ; thence  north  on 
Deweese  street  along  the  east  side  of  Deweese  street  to  the  north  side  of  Short 
street ; thence  north  or  east  along  both  sides  of  Deweese  street  to  the  north  side  of 
Constitution  street ; thence  along  Constitution  street  from  the  west  side  of  Spruce 
street  along  both  sides  to  the  eastern  track  of  the  Chesapeake  and  Ohio  railroad ; 
thence  south  along  the  Chesapeake  and  Ohio  railroad  tracks  to  the  west  side  of 
Main  street ; thence  west  on  Main  street,  excluding  both  sides  of  Main  street  from 
the  Chesapeake  and  Ohio  railroad  to  Deweese  street,  to  the  point  of  beginning. 

Sec.  258.  On  and  after  March  1st,  1914,  no  license  shall  be  issued  by 
the  City  of  Lexington  or  any  official  thereof  to  any  person  or  persons  to  set  Up  or 
operate  a saloon  or  coffee  house  or  to  sell,  or  otherwise  dispose  of  any  spirituous, 


LICENSES. 


66 


Ch.  7 


vinous  or  malt  liquors  within  that  portion  of  the  City  of  Lexington  described 
in  section  i of  this  ordinance  (Sec.  257  this  revision.) 

Sec.  259.  Penalty.  Any  person  or  persons  who  shall  violate  any  of  the 
terms  or  provisions  of  this  ordinance  (Sections  257  and  258  this  revision),  shall,, 
upon  conviction  thereof,  be  fined  not  less  than  fifty  ($50.00)  dollars  nor  more 
than  one  hundred  ($100.00)  dollars  for  each  offense. 

Sec.  260.  No  original  or  renewal  license  shall  be  issued  by  the  City 
Clerk  for  any  coffee  house  hereafter  to  be  located  on  Main  street,  from  Broad- 
way to  Walnut  street  (save  bona  fide  hotels),  and  on  Spruce,  Clark,  Wickliffe,. 
East  Short,  Wilson  and  Megowan  streets. 

Sec.  261.  It  shall  be  unlawful  for  any  person  to  set  up  or  operate  any 
coffee  house  or  saloon,  or  to  sell  or  otherwise  dispose  of  any  spirituous,  vinous  ' 
or  malt  liquors  within  four  (400)  hundred  feet  of  the  campus  or  grounds  of  the 
State  University,  in  Fayette  County,  Kentucky. 

Sec.  262.  Any  and  all  licenses  heretofore  granted  by  the  City  of  Lexing- 
ton, or  this  Board  of  Commissioners,  to  any  person  or  persons,  permitting  the 
operation  of  any  coffee  house  or  saloon  within  the  territory  above  described,  are 
now  revoked  and  held  for  naught,  and  said  licenses  are  hereby  cancelled,  and  the 
City  Treasurer  of  the  City  of  Lexington  is  hereby  ordered  and  directed  to  refund 
and  pay  to  said  persons  so  taking  out  said  licenses,  an  amount  equal  to  five-sixths 
(5-6)  of  the  amount  paid  into  the  City  Treasury  by  them  or  any  of  them. 

Sec.  263.  Any  person  or  persons  who  shall  violate  any  of  the  terms  or 
provisions  of  sections  261  and  262,  shall,  upon  conviction  thereof,  be  fined  not 
less  than  fifty  ($50.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dollars- 
for  each  offense. 


Ch.  8 


MARKET  HOUSE  AND  MARKET  MASTER 

CHAPTER  8. 


6 7 


MARKET  HOUSE  AND  MARKET  MASTER. 

Sec.  264.  Opened.  When.  The  Market  House  shall  be  kept  open  daily 
(except  Sunday)  from  four  (4)  a.  m.  to  six  (6)  p.  m.,  except  that  on  Sat- 
urdays the  Market  House  shall  be  kept  open  until  ten  (10)  o’clock  p.  m. 

Sec.  265.  Rent — How  Payable.  The  stalls  in  the  Market  House  shall 
be  rented  as  follows,  rent  payable  in  advance:  twenty-five  ($25.00)  dollars  per 
quarter  three  (3)  months ; eight  dollars  ($8.50)  and  fifty  cents  per  month,  fifty 
(50)  cents  per  day.  Payment  of  stall  rent  in  the  Market  House  shall  not  exempt 
the  occupant  or  lessee  from  any  license  tax  required  by  the  License  Ordinance. 

Sec.  266.  Market  Master — Election  and  Qualification — Bond.  There 
shall  be  elected  by  the  General  Council  on  the  second  Thursday  in  November, 
1895,  and  every  two  years  thereafter,  a Market  Master,  who  shall  hold  his  office 
for  two  years,  and  until  his  successor  has  been  elected  and  qualified.  He  shall 
take  the  oath  required  by  the  Constitution  of  Kentucky,  and  shall,  before  he 
enters  upon  the  performance  of  his  duties,  execute  a bond  to  the  City  of  Lex- 
ington in  the  sum  of  five  hundred  ($500.00)  dollars,  conditioned  that  he  will 
faithfully  execute  the  duties  of  his  office  and  care  for  all  property  belonging 
to  the  City  of  Lexington  coming  into  his  hands,  and  to  faithfully  account  for 
and  pay  over  to  the  city  all  money  collected  by  him  for  the  City  of  Lexington, 
and  at  the  end  of  his  term  deliver  to  the  city  or  his  successor  in  office,  as  he  may 
be  directed,  all  property  of  every  kind  and  description  belonging  to  the  city 
and  remaining  in  his  possession  at  the  end  of  his  term.  (See  powers  and  duties 
of  Commissioner  of  Public  Property.) 

Sec.  267.  Stalls — Manner  of  Renting.  The  Market  Master  shall,  on  the 
first  day  of  January  in  each  year,  rent  out  the  stalls  in  the  market  house  to  per- 
sons suitable  to  occupy  same,  giving  the  preference  to  persons  who  have  rented 
said  stalls  during  the  preceding  year  and  promptly  paid  rent  for  same.  Said 
stalls  shall  be  rented  for  a period  of  one  (1)  year,  subject  to  forfeiture  for  non- 
payment of  rent  and  license,  or  violation  of  the  rules  governing  the  market 
house  and  the  conduct  of  the  market  therein. 

Sec.  268.  Market  Master — Duties.  The  Market  Master,  within  two  (2) 
days  after  the  renting  of  the  stalls  as  required  by  the  preceding  section,  shall  make 
out  and  file  with  the  Treasurer  and  Auditor  a certified  list  of  the  stalls  rented,  giv- 
ing the  number  of  each  and  the  name  of  the  person  to  whom  rented  and  the 
amount  of  rental  charged  for  each  stall.  He  shall  have  prepared  by  the  City  En- 
gineer a diagram,  showing  the  location  of  each  stall,  the  dimensions  and  number 
of  same.  A copy  of  said  diagram  shall  be  filed  with  both  Treasurer  and  Auditor, 
and  shall  be  preserved  in  their  respective  offices. 

Sec.  269.  The  Market  Master  shall  rent  all  stalls  that  become  vacant 
during  the  year,  charging  therefor  at  the  regular  rate  from  the  time  of  renting 
to  the  first  day  of  the  succeeding  January.  He  shall  have  authority  to  rent  any 
vacant  stall  for  a single  market  day  and  collect  for  the  same  the  sum  of  fifty 
(50)  cents.  He  shall  give  a receipt  to  the  person  from  whom  the  same  is  collected, 
and  make  an  entry  of  the  same  in  a book  kept  for  that  purpose. 

Sec.  270.  Fish — Sale  of  Allowed.  The  sale  of  fresh  fish  is  hereby  per- 
mitted and  allowed  in  the  market  house. 

Sec.  271.  Settlements  by  Market  Master.  It  shall  be  the  duty  of  the 
Market  Master  on  Monday  of  each  week,  to  turn  over  to  the  Treasurer  all  monies 


68 


MARKET  HOUSE  AND  MARKET  MASTER 


Ch.  8 


collected  by  him  for  stall  rent;  and  it  shall  be  the  duty  of  the  Treasurer  to  give 
him  a receipt  for  the  same,  countersigned  by  the  Auditor.  A duplicate  stub 
of  such  receipt  shall  be  kept  on  file  in  both  the  Treasurer’s  and  Auditor’s  office. 
The  Treasurer,  Auditor  and  Market  Master  shall  keep  an  account  with  the  an- 
nual renters  of  each  stall  showing  the  charges  against  said  renters,  and  amount 
of  all  payments  of  rent  by  each  of  said  renters.  The  Market  Master  when  turn- 
ing over  to  the  Treasurer  money  collected  for  daily  stall  rent,  shall  file  an  item- 
ized statement,  showing  the  number  of  stalls  rented,  the  persons  to  whom  they 
were  rented,  the  day  upon  which  they  were  rented,  and  the  amount  collected 
as  rental;  which  statement  shall  be  kept  on  file  in  the  Treasurer’s  office. 

Sec.  272.  License  to  Sell  Meat — No  Authority  to  Sell  in  Market  House. — 

A license  authorizing  a person  to  carry  on  a meat  store  in  the  City  of  Lexington 
shall  not  be  construed  to  authorize  such  person  to  sell  any  meat  in  the  market 
house,  unless  such  person  be  also  an  annual  renter  of  a stall  in  the  market  house. 

Sec.  273.  Renters  to  Vacate — When.  If  any  person  renting  a stall  in 
the  market  house  fails  to  pay  quarterly  installments  of  rent  for  ten  (10)  days 
after  the  same  has  become  due,  it  shall  be  the  duty  of  the  Market  Master  to  take 
possession  of  said  stall  and  re-rent  the  same,  and  any  person  who  shall  refuse 
or  fail  to  vacate  said  stall  upon  the  demand  of  the  Market  Master,  shall  be 
deemed  guilty  of  trespass ; and  upon  conviction  shall  be  fined  ten  ($10.00)  dollars 
for  each  day  he  shall  so  keep  possession  of  said  stall. 

Sec.  274.  Animals  or  Fowls — Alive  or  to  Dress  Forbidden.  It  shall  be 

unlawful  for  any  person  to  butcher,  dress  or  clean  any  animals  or  fowls  in  the 
market  house,  or  to  keep,  offer  for  sale  or  to  sell  any  live  fowls  therein.  Any 
person  violating  this  section  shall  be  fined  three  ($3.00)  dollars  for  each  offense. 

Sec.  275.  Liquor  Not  to  be  Drunk  In.  Any  person  who  shall  bring  any 
whiskey,  beer  or  other  intoxicating  liquor  into  the  market  house  for  the  purpose 
of  drinking  the  same,  or  shall  drink  such  liquor  in  the  market  house,  shall  be 
fined  five  ($5.00)  dollars  for  each  offense. 

Sec.  276.  Sleeping  or  Loud  Language  Forbidden  in.  It  shall  be  unlaw- 
ful for  any  person  to  lounge  or  sleep  on  any  counter  in  the  market  house,  or  to 
indulge  in  any  loud,  boisterous,  profane  or  obscene  language  in  the  same.  Any 
person  violating  this  section  shall,  upon  conviction,  be  fined  not  less  than  three 
($3.00)  dollars,  nor  more  than  ten  ($10.00)  dollars. 

Sec.  277.  Inspect  Produce — Market  Master  to.  It  shall  be  the  duty  of 
the  Market  Master  to  inspect  all  meat,  fowls,  butter,  produce,  and  every  other 
article  of  food  exposed  for  sale  in  the  market  house,  and  if  he  finds  the  same 
to  be  tainted  or  unwholesome  he  shall  condemn  the  same  and  cause  it  to  be 
removed  to  the  Potters  field.  He  shall  also  cause  a warrant  to  be  issued  against 
the  offender,  and  any  person  convicted  of  bringing  into  the  market  house  or 
offering  for  sale  therein  any  tainted,  unwholesome,  or  impure  articles  of  food 
shall,  upon  conviction,  be  fined  not  less  than  five  ($5.00)  dollars  nor  more  than 
fifty  ($50.00)  dollars  for  each  such  offense. 

Sec.  278.  Scales  Tested.  Whenever  the  Market  Master  shall  have  reason- 
able grounds  to  believe  that  any  scales  or  measures  used  in  the  market  house  are 
not  correct,  it  shall  be  his  duty  to  at  once  cause  the  same  to  be  tested  by  the 
Public  Weigher. 

Sec.  279.  Rules  Adopted — Market  Master’s  Duties.  It  shall  be  the  duty 

of  the  Market  Master  to  adopt  all  necessary  rules  and  regulations  for  the  opening, 
closing  and  proper  conduct  and  regulation  of  the  market.  It  shall  be  his  duty  to 
keep  the  market  house  clean  and  well  swept,  to  preserve  order  therein  and  see  that 


Ch.  8 


MARKET  HOUSE  AND  MARKET  MASTER 


69 


all  ordinances  and  rules  for  the  government  of  the  market  and  market  house  are 
strictly  and  impartially  enforced.  And  his  monthly  installment  of  salary  shall 
not  be  paid  until  the  Mayor  shall  certify  in  writing  that  he  has  performed  the 
duties  of  his  office  in  accordance  with  the  rules  and  ordinances  regulating  the 
same. 

Sec.  280.  Regrating  or  Forestalling  Forbidden.  Any  person  guilty  of 
regrating  (that  is,  buying  or  bargaining  for  provisions  in  the  market  to  sell 
them  again  in  the  market  or  in  the  city)  or  forestalling  (that  is,  buying,  con- 
tracting or  bargaining  for  any  provisions  coming  to  the  market,  or  dissuading 
persons  from  bringing  provisions  there  for  sale),  shall  be  fined  twenty-five 
($25.00)  dollars  for  each  offense,  one-half  of  which  shall  be  paid  to  the  informer. 

Sec.  281.  Any  person  buying  or  selling  or  laying  aside,  or  having  laid 
aside,  any  article  of  provision  in  the  market  house  before  the  opening  shall  be 
fined  three  ($3.00)  dollars  for  each  offense. 

Sec.  282.  Transfer — Written  Consent  Required.  No  renter  of  a stall  shall 
be  authorized  to  transfer  his  right  to  the  use  of  a stall  without  the  written  con- 
sent of  the  Market  Master  and  the  Mayor,  and  any  such  transfer  without  the 
consent  of  the  Market  Master  and  the  Mayor  shall  confer  no  authority  to  use 
or  occupy  a stall. 

Sec.  283.  Renters — Duties  of.  Each  renter  of  a stall  shall  keep  the  same 
clean  and  in  good  condition.  He  shall  not  permit  any  garbage,  decayed  vege- 
tables or  any  offensive  or  unsightly  matter  to  remain  in  or  about  the  stalls.  At 
the  close  of  each  market  the  renters  of  each  stall  shall  remove  all  garbage, 
vegetables  or  other  matter  from  the  market  house,  but  nothing  in  this  section 
shall  be  construed  to  authorize  any  person  to  deposit  the  same  upon  the  streets 
or  sidewalks  of  the  city.  Any  person  violating  any  of  the  provisions  of  this 
section  shall  be  fined  three  ($3.00)  dollars  for  each  such  offense. 

Sec.  284.  Sidewalks  Adjoining — Lights  Used.  No  person  shall  be  au- 
thorized to  sell  or  expose  for  sale  any  article  of  food  or  merchandise  upon  any 
of  the  adjacent  sidewalks  or  apprQaches  to  the  market  house.  No  light  shall  be 
used  in  the  market  house  except  gas  and  electric  light. 

Sec.  285.  (Salary — See  section  415.) 


70 


OFFENSES  AND  PUNISHMENTS. 


Ch.  9 


CHAPTER  9. 

OFFENSES  AND  PUNISHMENTS. 

Sec.  286.  Indecent  Advertisements.  It  shall  be  unlawful  for  anyone  to 
place  or  cause  to  be  placed,  in  any  street  or  alley  or  on  any  wall,  fence  or  other 
place  exposed  to  public  view  within  the  city  limits,  any  indecent  or  gross, 
painted,  printed  or  written  advertisement,  bill  or  notice  of  professional  skill  or 
remedies  of  treatment  of  what  are  usually  called  secret  diseases,  or  to  leave  or 
cause  to  be  left  any  such  notices,  bills  or  advertisements,  whether  inclosed  in  an 
envelope  or  unclosed,  in  any  yard  or  premises  attached  to  any  premises,  dwelling 
house  of  the  city  or  under  any  door,  or  to  give  or  cause  to  be  given  to  any  person 
about  such  dwelling  house  or  premises  any  such  notices,  bills  or  advertisements. 
For  a violation  of  any  provisions  of  this  section,  the  offending  party  shall  be 
fined  not  less  than  fifty  ($50.00)  dollars  nor  more  than  one  hundred  ($100.00) 
dollars. 

Sec.  287.  Bicycles — Unlawful  Use  Of.  It  shall  be  unlawful  for  any  per- 
son to  use  a bicycle,  tricycle  or  any  similar  machine  on  any  of  the  public  ways 
of  the  City  of  Lexington  without  having  in  connection  with  such  bicycle  at  all 
times  a gong  of  sufficient  sound,  and  so  used  to  warn  persons  of  its  approach, 
and  when  such  bicycle  is  used  between  sunset  and  sunrise  a lighted  lantern  shall 
be  placed  on  same  so  conspicuously  as  to  warn  persons  of  its  approach.  It  shall 
also  be  unlawful  for  any  person  on  a bicycle  to  ride  on  any  sidewalk  within  the 
city.  Or  on  any  street  at  a greater  speed  than  ten  (10)  miles  an  hour.  A person 
violating  any  of  the  provisions  of  this  ordinance  shall  be  fined  ten  ($10.00) 
dollars  for  each  offense. 

Sec.  288.  Cistern — Unlawful  Use  Of.  If  any  person  shall  take  water 
from  a public  cistern  for  any  purpose  other  than  to  extinguish  fires,  or  shall  open 
or  leave  uncovered  a public  cistern  or  catch  basin,  he  shall  be  fined  twenty-five 
($25.00)  dollars  for  each  offense. 

Sec.  289.  Cellars — Unlawful  Acts  Concerning.  It  shall  be  unlawful  for 
any  person  to  permit  his  cellar  door  or  cellarway  on  any  public  way  in  said  city 
to  be  left  open  at  any  time.  It  shall  be  unlawful  for  any  person  to  permit  any 
cellar  door,  cellarway  or  grating  to  any  vault  or  in  any  public  way  in  said  city, 
belonging  to  premises  owned  or  occupied  by  him,  to  be  in  an  insecure  condition 
as  to  endanger  passers-by.  It  shall  be  unlawful  for  any  person  to  place  or  main- 
tain on  any  sidewalk,  street  or  alley  any  cellar  door,  cellarway  or  steps  leading 
into  any  cellar  door  or  cellarway  that  is  otherwise  than  level  with  the  adjacent 
pavement  and  that  extends  more  than  four  feet  from  the  line  of  the  adjoining 
lot.  All  cellars  shall  be  kept  dry  and  well  aired;  free  from  standing  water, 
putrifying  and  noxious  vapors  and  smells ; and  during  the  months  of  June,  July, 
August  and  September,  well  sprinkled  with  lime  or  some  other  disinfectant  when 
necessary.  Any  person  violating  any  of  the  provisions  of  this  section  shall  be 
fined  not  less  than  five  ($5.00)  dollars  nor  more  than  twenty-five  ($25.00)  dol- 
lars for  each  offense. 

Sec.  290.  Disorderly  Conduct.  Whoever  shall  be  guilty  of  any  disorderly 
conduct  in  the  City  of  Lexington  shall  be  fined  not  less  than  five  ($5.00)  dollars 
nor  more  than  twenty-five  ($25.00)  dollars. 

Sec.  291.  Bitch  Dog.  It  shall  be  unlawful  for  the  owner  or  keeper  of 
any  bitch  dog  to  permit  her,  when  proud  or  rutting,  to  run  at  large  in  the  city. 
Any  person  who  shall  violate  this  section  shall  be  punished  by  a fine  of  not  less 
than  one  ($1.00)  dollar  nor  more  than  ten  ($10.00)  dollars  for  each  offense. 


Ch.  9 


OFFENSES  AND  PUNISHMENTS. 


7i 


Sec.  292.  Biting  Dog.  It  shall  be  unlawful  for  any  person  to  keep  or  harbor 

within  the  city  limits  a dog  that  shall  bite  or  fiercely  attack  any  person  while 

outside  of  its  owner’s  yard  or  inclosure,  and  any  person  who  shall  violate  this 
section  shall  be  fined  not  less  than  one  ($1.00)  dollar  nor  more  than  fifty  ($50.00) 
dollars  for  each  time  that  such  dog  shall  bite  or  attack  a person  as  provided  in 
this  section ; but  this  section  shall  not  apply  where  a person  shall  break  into  or 
enter,  without  permission,  the  premises  or  inclosure  of  the  owner  of  such  dog 
and  be  pursued  therefrom  and  attacked  or  bitten  by  the  dog. 

Sec.  293.  Indecent  Exposure  of  Person.  Any  person  who  shall  expose 

his  or  her  person  indecently,  or  cause  any  person  to  do  so  within  the  city  limits, 
shall  be  fined  twenty  ($20.00)  dollars  for  each  offense. 

Sec.  294.  Animals — Acts  Toward  Forbidden.  Any  person  who  shall 
ride  or  drive  a horse  or  other  animal  in  any  street  or  alley  at  a rate  faster  than 
eight  (8)  miles  an  hour,  or  any  person  who  shall  in  the  street,  run,  race  or  gallop 
a horse,  mule  or  other  animal,  or  start  one  for  that  purpose,  or  turn  loose  one 
that  is  saddled  or  bridled,  or  who  shall,  in  a street  or  open  lot,  put  a stud  horse  or 
ass  to  a mare,  or  use  one  as  a teaser,  or  permit  such  animals  to  be  so  put  in  a 
street  or  open  lot,  shall  be  fined  ten  ($10.00)  dollars. 

Sec.  295.  If  any  person  shall,  within  the  City  of  Lexington,  unnecessarily 
or  cruelly  beat,  torture,  use,  or  otherwise  mistreat  any  horse,  beast,  or  other 
animal,  whether  his  own  or  that  of  another,  he  shall  be  fined  not  less  than  ten 
($10.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dollars. 

Sec.  296.  If  any  person  shall,  in  the  City  of  Lexington,  unlawfully  kill, 
disfigure,  maim,  poison  or  attempt  to  administer  poison  to  any  animal  not  his 
own,  he  shall  be  fined  not  less  than  ten  ($10.00)  dollars,  nor  more  than  one  hun- 
dred ($100.00)  dollars. 

Sec.  297.  Any  person  who  shall  leave  or  cause  to  be  left  any  wounded  ani- 
mal, diseased  or  worn  out  mule  or  horse  on  any  street,  alley,  lot  or  the  commons 
to  die  a lingering  death,  shall,  for  each  offense  be  fined  not  exceeding  fifty 
($50.00)  dollars. 

Sec.  298.  It  shall  be  the  duty  of  the  Police  Officers  of  the  City  of 
Lexington  to  aid  any  member  of  the  “Kentucky  Humane  Society  for  the  Pre- 
vention of  Cruelty”  in  the  arrest  of  any  person  or  persons  that  may  be  in  the  act 
of  violating  any  of  the  three  preceding  sections,  and  of  the  General  Statutes  of 
Kentucky,  any  policeman  failing  to  perform  the  duty  required  of  him  in  this 
section,  shall  be  fined  five  ($5.00)  dollars  for  each  offense. 

Sec.  299.  It  shall  be  unlawful  for  any  person  to  sell  by  public  auction  any 
loose  animal  on  any  street,  alley  or  public  highway  within  the  City  of  Lexington, 
or  to  expose  for  sale  thereon  animals  in  droves,  herds  or  flocks ; each  and  every 
violation  of  this  section,  shall  be  punishable  by  a fine  not  exceeding  twenty-five 
($25.00)  dollars. 

Sec.  300.  Gas  Lamp,  Etc.,  Injury  To.  Any  person  who  shall  injure  or 
deface  any  public  gas  lamp  or  post  or  other  public  lamp  or  post  or  any  public 
fixtures  pertaining  to  any  of  the  above,  or  shall  without  authority  interfere 
therewith  so  as  to  light  or  extinguish  the  light,  or  cause  or  to  prevent  the 
escape  of  gas  from  such  gas  pipes  or  other  fixtures  for  conveying  gas  in  the 
streets,  or  any  person  who  shall  cut  or  break  any  electric  light  wire  for  the  pur- 
pose and  with  the  intention  of  extinguishing  any  electric  light,  used  for  lighting 
the  public  street,  or  who  shall  otherwise  injure  any  such  electric  light,  shall  be 
fined  not  less  than  three  ($3.00)  dollars,  nor  more  than  fifty  ($50.00)  dollars. 


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Ch.  9 

Sec.  301.  Gun-Firing  in  City.  No  person  except  policemen  and  military 
men  in  the  discharge  of  their  duties  shall  fire  any  gun  or  pistol  within  the  city 
limits,  unless  the  same  be  done  in  defense  of  person  or  property.  A violation  of 
this  section  shall  subject  the  offender  to  a fine  of  not  less  than  three  ($3.00) 
dollars,  nor  more  than  fifteen  ($15.00)  dollars. 

Sec.  302.  False  Weights.  If  any  person  shall  knowingly  sell  in  any 
market  house  or  the  spaces  connected  therewith,  or  in  any  store,  grocery,  coal 
yard  and  in  any  other  place  anything  for  a greater  than  the  true  weight  or 
measure,  they  shall  be  fined  not  less  than  five  ($5.00)  dollars,  nor  more  than 
twenty-five  ($25.00)  dollars  for  each  offense. 

Sec.  303.  Damaging  Public  Property.  Any  person  who  shall  injure, 
damage  or  deface  the  court  house  or  jail,  building  or  market  house,  hospital, 
university,  college,  seminary  or  school  house,  church  or  place  of  public  worship  ; 
or  any  property,  furniture,  fixture,  fence  or  enclosure  pertaining  to  either,  or  any 
tree,  plant  or  shrub  on  public  grounds,  or  any  box  or  plant  thereon,  or  any 
public  pump,  post  or  other  public  property,  shall  be  fined  not  less  than  two 
($2.00)  dollars,  nor  more  than  fifty  ($50.00)  dollars  for  each  offense. 

Sec.  304.  Trespassing.  If  any  person,  shall,  in  the  City  of  Lexington, 
enter  into  or  upon  the  enclosed  land  of  another,  without  the  permission  of  the 
owner,  or  tenant  in  possession,  and  shall  leave  open  any  gate  belonging  to  the 
enclosure,  or  shall  put  down  or  remove  any  portion  of  the  fence,  surrounding 
the  land,  so  that  cattle  may  get  into  the  premises,  or  shall  enter  into  any  garden 
or  orchard,  and  take  or  carry  away  any  fruit  or  vegetables  without  the  consent 
of  the  owner  thereof,  shall  be  fined  in  a sum  not  less  than  five  ($5.00)  dollars,  nor 
more  than  twenty-five  ($25.00)  dollars  for  each  offense. 

Sec.  305.  Whoever  shall  commit  any  trespass  upon  the  plat  of  ground  on 
Cheapside  appropriated  to  the  John  C.  Breckinridge  statute,  pedestal,  fountain, 
curbing,  grass  or  any  other  thing  that  may  be  now  upon  said  plat  of  ground,  or 
may  be  placed  hereafter  thereon,  shall,  upon  conviction  therefor  be  fined  in  any 
sum  not  exceeding  fifty  ($50.00)  dollars.  And  an  entry  upon  said  plat  of  ground 
without  the  consent  of  the  said  association  shall  be  deemed  a trespass  within 
the  meaning  of  this  ordinance. 

Sec.  306.  Any  person  who  shall  be  found  loitering,  eating,  sleeping  or 
wandering  upon  the  premises  of  any  other  person  or  upon  the  premises  of  any 
railroad  company  or  other  corporation  without  permission  from  the  owner  or 
occupant  of  said  premises  or  other  lawful  excuse  therefor,  shall  be  fined  in  any 
sum  not  exceeding  five  ($5.00)  dollars. 

Sec.  307.  Street  Car  in  Motion  on  Steps  Forbidden.  It  shall  be  unlaw- 
ful for  any  person  to  be  in  or  remain  on  any  step  of  any  street  car  while  said  car 
is  in  motion  on  any  of  the  streets  of  the  City  of  Lexington.  Any  person  found 
violating  any  of  the  provisions  of  this  section  shall  be  fined  two  ($2.00)  dollars 
for  each  offense. 

Sec.  308.  Street  Car  or  Train.  Any  person  jumping  on  or  off  any  mov- 
ing train  or  street  car,  while  the  same  is  in  motion  within  the  city  limits,  shall 
be  fined  three  ($3.00)  dollars  for  each  offense. 

Sec.  309.  Cards — Selling  to  Minor.  Any  person  who  shall  sell  or  other- 
wise furnish  playing  cards  or  dice  to  any  minor  shall,  upon  conviction,  be  fined 
in  any  sum  not  exceeding  three  ($3.00)  dollars. 

Sec.  310.  Minor  in  House  of  111  Fame.  Any  keeper  or  inmate  of  a house 
of  ill  fame  who  shall  permit  a minor  under  seventeen  (17)  years  of  age,  who 


OFFENSES  AND  PUNISHMENTS. 


Ch.  9 


73 


•does  not  reside  in  said  house,  to  enter  the  same,  shall  be  fined  ten  ($10.00)  dollars 
for  each  offense. 

Sec.  31 1.  Ball  Playing  on  Street.  No  person  shall  play  baseball,  foot- 
ball, or  any  other  games  of  ball,  upon  any  street  or  public  place  within  the  city 
limits,  under  a penalty  of  five  ($5.00)  dollars  for  each  offense. 

Sec.  312.  Sling  Shots  Forbidden.  Any  minor  who  shall  use  gum  or 
leather  strings  for  the  purpose  of  throwing  stones,  shot,  or  other  hurtful  missiles, 
within  the  city,  and  any  person  who  shall  sell  or  furnish  any  minor  with  any 
such  sling  shall  be  fined  not  less  than  two  ($2.00)  dollars,  nor  more  than  ten 
($10.00)  dollars. 

Sec.  313.  Drunk.  Any  person  convicted  of  the  offense  of  being  drunk 
shall  be  fined  not  less  than  one  ($1.00)  dollar,  nor  more  than  five  ($5.00)  dollars. 
(See  Section  3749  Kentucky  Statutes.) 

Sec.  314.  Drunkard.  Any  person  who  shall  become  an  habitual  drunk- 
ard and  neglect  his  business,  or  fail  to  provide  for  his  family,  shall,  upon  con- 
viction, be  fined  not  less  than  five  ($5.00)  dollars,  nor  more  than  fifty  ($50.00) 
dollars ; and  the  Police  Judge  may  also  in  his  discretion,  confine  such  person  in 
the  City  Jail  until  he  becomes  thoroughly  sober. 

Sec.  315.  Breach  of  Peace  by  Noises.  Any  person  who  shall,  within 
the  city  limits,  by  cries,  songs  or  noises  of  any  description,  disturb  the  peace 
and  tranquility  of  the  city,  shall  be  fined  in  any  amount  not  exceeding  ten 
($10.00)  dollars. 

Sec.  316.  City  Limits  Posts — Disturbing.  Any  person  who  shall  injure, 
deface,  remove,  cover  up,  or  in  any  way  disturb  any  of  the  stone  posts  to  desig- 
nate the  city  limits,  shall  be  fined  twenty-five  ($25.00)  dollars. 

Sec.  317.  Indecent  Acts.  Any  person  who  shall,  within  the  city  limits, 
commit  any  indecent,  obscene  or  lewd  act  in  public,  or  in  such  a situation  that 
ordinary  passersby  may  see  the  same,  or  who  shall  utter  any  bawdy,  lewd  or 
obscene  words  within  the  hearing  of  any  other  person,  or  expose  to  view  in  any 
street,  alley  or  public  place,  any  obscene  print,  picture  or  other  indecent  ex- 
hibition, shall  be  fined  fifty  ($50.00)  dollars  and  imprisoned  in  the  City  Jail  not 
less  than  ten  (10)  days  nor  more  than  one  (1)  year. 

Sec.  318.  Animal  Fights.  The  fighting  of  dogs,  chickens  and  other 
animals  in  the  City  of  Lexington  is  hereby  prohibited.  Any  person  who  shall 
be  present  at  and  abet  or  encourage  any  such  fights ; and  any  person  who  shall 
suffer  or  permit  any  such  fights  upon  his  premises ; and  any  person  who  shall 
bet  any  money  or  other  things  of  value  upon  the  results  of  any  such  fights  shall, 
upon  conviction,  be  fined  fifteen  ($15.00)  dollars. 

Sec.  319.  Sidewalk  Congestion.  If  two  or  more  persons  congregate  or 
stop  upon  any  sidewalk  in  such  a manner  as  to  obstruct  the  free  passage  of 
same,  and  refuse  to  disperse  or  move  on  when  directed  by  a policeman,  they  shall 
be  forthwith  arrested  and,  upon  conviction,  be  fined  in  a sum  not  exceeding  five 
($5.00)  dollars. 

Sec.  320.  Vehicles  Standing  on  Streets.  It  shall  be  unlawful  for  any 
carriage,  night  hawk  or  vehicle  for  hire  to  stand  upon  any  street  upon  which 
electric  car  tracks  are  situated  or  for  more  than  three  (3)  of  such  carriages, 
night  hawks  or  vehicles  to  stand  upon  any  square,  except  Cheapside,  at  the  same 
time,  unless  such  vehicle  is  under  hire  to  some  passenger  or  passengers  and  is 
at  the  time  in  actual  service  of  such  passenger.  Where  three  (3)  vehicles  are  per- 
mitted to  stand  upon  any  square,  in  violation  of  this  section,  the  owner  or  driver 


74 


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Ch.  9 

of  the  last  vehicle  or  vehicles,  in  excess  of  three  (3)  coming  up  on  the  square 
shall  be  deemed  guilty  within  the  meaning  of  this  section.  Any  person  violating 
this  section  shall  be  fined  not  less  than  three  ($3.00)  dollars,  nor  more  than  ten 
($10.00)  dollars  for  each  offense. 

Sec.  321.  Pipe  Injuring.  Any  person,  who  shall  injure,  break,  destroy 
or  carry  away  any  of  the  pipes  or  fixtures  of  any  water-works  company,  gas  com- 
pany, or  street  railway  company,  doing  business  in  Lexington,  or  shall  deface  or 
stop  up  or  in  any  way  tamper  with  or  injure  any  hydrant  belonging  to  such  com- 
pany, shall  be  fined  not  less  than  ten  ($10.00)  dollars,  nor  more  than  fifty 
($50.00)  dollars. 

Sec.  322.  Disturbing  Religious  Worship.  Any  person  who  shall  disturb 
any  religious  assembly,  or  any  other  lawful  gathering  of  people,  or  be  guilty 
of  any  other  violation  of  the  peace  or  disorderly  conduct  not  herein  specifically 
provided,  shall  be  fined  in  any  sum  not  exceeding  one  hundred  ($100.00)  dollars. 

Sec.  323.  Disorderly  Houses.  Any  person  who  shall  keep  a disorderly 
house,  or  any  house  at  which  lewd,  indecent  and  immoral  acts  are  indulged  in,  or 
any  house  frequented  by  dissolute  persons,  or  any  house  at  which  persons  are 
permitted  to  be  and  engage  in  loud  and  boisterous  conversation,  songs,  cries  or 
other  noises,  or  any  house  of  prostitution,  assignation  or  any  other  place  where 
persons  assemble  to  smoke  opium,  shall  be  fined  in  any  amount  not  exceeding  one 
hundred  ($100.00)  dollars. 

Sec.  324.  Bells  to  Animals.  It  shall  be  unlawful  for  any  person  to  at- 
tach a bell  to  any  animal  or  vehicle  driven  through  the  streets  of  the  city,  ex- 
cept that  this  section  shall  not  prohibit  the  use  of  bells  on  animals  attached  to 
sleighs.  Any  person  violating  this  section  shall  be  fined  three  ($3.00)  dollars  for 
each  offense. 

Sec.  325.  Trespass  on  Certain  Buildings.  It  shall  be  unlawful  for  any 
person  having  no  lawful  business  thereat  to  lounge  about  the  door  or  in  the 
immediate  vicinity  of  any  church,  hall,  the  Public  Library  or  Opera  House,  or 
on  the  grounds  or  buildings  of  any  school  or  colleges,  or  to  trespass  in  any  manner 
upon  buildings  aforesaid  or  any  of  the  grounds  thereof,  or  in  any  manner  inter- 
fere with  any  of  the  rules  and  discipline  or  good  order  of  any  of  the  aforesaid 
institutions.  Any  person  violating  any  of  the  provisions  of  this  section  shall  be 
fined  not  less  than  two  ($2.00)  dollars,  nor  more  than  fifteen  ($15.00)  dollars  for 
each  offense. 

Sec.  326.  College  Grounds  Trespass  On.  It  shall  be  unlawful  for  any 
person,  except  teachers,  pupils,  janitors,  trustees,  or  other  persons  having  lawful 
business  thereon,  to  go  upon  the  grounds  of  any  college,  seminary,  academy  or 
school,  and  there  engage  in  any  game  of  ball  or  other  sport,  or  there  be  or  con- 
gregate without  the  permission  of  the  principal  officer  or  person  in  charge  of 
said  grounds  and  buildings.  Any  person  violating  the  provisions  of  this  sec- 
tion shall  be  fined  not  less  than  two  ($2.00)  dollars,  nor  more  than  fifteen  ($15.00) 
dollars  for  each  offense. 

Sec.  327.  Persons  Summoned  by  Policeman.  If  any  person,  when 
legally  summoned  by  a policeman  to  assist  him  in  the  execution  of  his  office, 
shall  fail  or  refuse  to  do  so,  he  shall  be  fined  fifteen  ($15.00)  dollars,  unless  he 
can  give  a good  reason  for  such  failure  or  refusal. 

Sec.  328.  Interfering  With  Police.  Any  person  who  shall  interfere  with 
or  obstruct  a policeman  in  the  discharge  of  his  duty  shall  be  fined  not  less  than 
ten  ($10.00)  dollars  nor  more  than  one  hundred  ($100.00)  dollars. 


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OFFENSES  AND  PUNISHMENTS. 


75 


Sec.  329.  Person  Summoned  by  Fire  Chief.  Any  bystander,  who  being 
called'on  by  the  Chief  of  the  Fire  Department,  or  an  officer  acting  in  his  stead, 
to  assist  at  fire,  and  shall  fail  or  refuse  to  do  so,  shall  be  fined  not  less  than  five 
($5.00)  dollars  nor  more  than  twenty  ($20.00)  dollars.  And  any  person  inter- 
fering with  a fireman  in  the  discharge  of  his  duties,  shall  be  fined  a like  amount. 

Sec.  330.  Stone  Throwing.  Any  person  who  shall  throw  any  stone  or 
other  hard  substance  in  such  a manner  as  to  endanger  any  person  or  property, 
shall  be  fined  three  ($3.00)  dollars  for  each  offense. 

Sec.  331.  Vagrant.  If  any  able-bodied  person  be  found  loitering  or 
rambling  about,  not  having  the  means  to  maintain  himself  by  some  visible  prop- 
erty, or  who  does  not  betake  himself  to  labor  or  some  honest  calling  to  obtain  a 
livelihood,  or  who,  not  possessing  such  means,  has  quit  his  habitation,  leaving  a 
wife  or  child  without  suitable  means  of  subsistance,  or  who  is  idle  or  dissolute 
in  habits  without  visible  means  of  support,  or  who  abandons  his  occupation  or 
calling  and  goes  about  loafing,  drinking  or  soliciting  intoxicating  drinks,  food 
or  money,  shall  be  adjudged  to  be  a vagrant.  Any  person  adjudged  to  be  a 
vagrant,  shall  be  confined  in  the  city  jail  or  workhouse,  for  a period  not  exceeding 
a year. 

Sec.  332.  Peddlers.  It  shall  be  unlawful  for  any  peddler  or  vendor  of 
fruit,  candy  or  other  articles  of  merchandise,  to  stop  in  any  place  on  the  street, 
sidewalks  or  alleys  of  the  City  of  Lexington,  for  a period  of  time  longer  than  it 
may  be  necessary  for  him  to  wait  on  any  person  stopping  him,  and  any  peddler 
or  vendor  of  fruit,  candy  or  other  articles  of  merchandise  who  shall  stop  for  a 
period  of  time  longer  than  it  may  be  necessary  to  wait  on  a customer,  and  when 
notified  by  the  police  officers  of  the  City  of  Lexington  to  move  on,  shall  refuse  to 
move  on,  or  if  it  become  necessary  for  any  police  officer  to  notify  any  o>ne  of 
said  peddlers  or  vendors  to  move  on  more  than  once  during  the  same  day,  then 
said  peddler  or  vendor  shall  be  forthwith  arrested  by  said  police  officers,  and  for 
each  violation  of  this  ordinance,  shall  be  fined  in  the  sum  of  three  ($3.00) 
dollars. 

Sec.  333.  Prostitute  or  Confidence  Man,  Associating  With,  Begging. 

It  shall  be  unlawful  for  any  person  to  habitually  associate  with  common  prosti- 
tutes, or  to  be  found  begging  or  lying,  or  sleeping  in,  along  or  upon  any  public 
street,  alley,  park  or  other  public  place.  It  shall  be  unlawful  for  any  person  to 
loiter,  or  be  found  lying  or  sleeping  in  any  stable,  outhouse,  building,  ware- 
house, shed,  railroad  depot,  or  railroad  car,  or  in  or  about  any  yard,  mill  or 
manufactory,  within  the  City  of  Lexington,  without  having  the  permission  of 
the  owner  or  occupant  thereof  to  sleep  or  be  in  such  place.  It  shall  be  unlawful 
for  any  person  being  known  or  having  the  reputation  of  a confidence  man,  thief 
or  felon,  to  be  found  loitering  or  unable  to  give  a satisfactory  account  of  him- 
self in  any  shed,  car  shop,  outhouse  *or  railroad  depot,  or  to  be  found  conspiciously 
pressing  his  way  into  any  crowd  or  collection  of  people,  or  to  interfere,  or 
attempt  to  interfere  with,  the  free  passage  of  any  person  or  persons,  along  or  upon 
any  street,  sidewalk,  or  alley,  or  in  getting  on  or  off  of  any  street  car,  or  to  be 
found  in  any  public  place,  unable  to  give  a satisfactory  account  of  himself.  Any 
person  violating  this  section  shall  be  fined  in  a sum  not  less  than  ten  ($10.00) 
dollars,  nor  more  than  fifty  ($50.00)  dollars ; and  in  addition  to  the  fine  be  con- 
fined in  the  City  Jail  not  less  than  ten  (10)  nor  more  than  thirty  (30)  days,  in 
the  discretion  of  the  court. 

Sec.  334.  Assessment — Persons  Not  Listing  Property.  Whenever  the 
Back  Tax  Assessor  shall  file  with  the  clerk  of  the  Police  Court  a statement  giving 
the  name  and  place  of  residence  of  a person,  being  a citizen  of  Lexington,  who 
has  failed  and  refused  to  list  for  taxation  with  the  Assessor  any  property  taxable 


OFFENSES  AND  PUNISHMENTS. 


Ch.  9 


76 

for  municipal  purposes  for  any  year  or  years,  said  clerk  shall  issue  a summons 
to  such  person  to  appear  before  the  Police  Court  and  show  cause  why  he  should 
not  be  so  fined  for  such  failure  or  refusal  to  list  such  property  for  taxation.  For 
such  failure  or  refusal  the  court  may  impose  a fine  from  two  ($2.00)  dollars  to 
ten  ($10.00)  dollars,  in  its  discretion,  and  five  ($5.00)  dollars  for  each  subsequent 
failure  or  refusal,  each  day  during  which  failure  and  refusal  continues  to  be  con- 
sidered a separate  offense. 

Sec.  335.  Noisy  Demonstrations  in  Public  Places.  It  shall  be  unlawful 
for  any  person  in  any  public  place  of  amusement  to  stamp  his  feet,  make  cat 
calls,  whistle,  hiss,  hallo,  or  make  any  other  noisy  demonstrations  except  clapping 
of  the  hands ; and  unlawful  to  loaf  in  said  place  while  the  performance  is  in  prog- 
ress. Any  violation  of  this  section  shall  be  punished  by  a fine  of  three  ($3.00) 
dollars,  to  be  recovered  by  proceedings  in  the  Police  Court  of  the  City  of  Lex- 
ington. 

Sec.  336.  Slaughter  Houses.  It  shall  be  unlawful  to  erect  or  maintain  any 
slaughter  house,  place  where  animals  of  any  description  are  butchered,  within 
one  hundred  (100)  yards  of  any  residence.  Any  person  violating  this  section 
shall  be  fined  ten  ($10.00)  dollars  for  each  day  said  place  is  maintained. 

Sec.  337.  Cattle  Running  at  Large.  The  owner  of  any  cattle  who  shall 
permit  the  same  to  run  at  large  upon  any  of  the  streets,  alleys  or  commons,  or  to 
trespass  upon  the  premises,  whether  intentional  or  not,  of  any  person,  shall  be 
fined  three  ($3.00)  dollars  for  each  head  of  such  cattle  so  running  at  large  or  tres- 
passing. The  word  “cattle”  in  this  section  shall  be  construed  to  mean  the  same  as 
the  word  “cattle”  in  the  General  Statutes  of  Kentucky.  It  shall  be  the  duty  of  all 
police  officers  to  take  up  and  have  confined  in  some  livery  stable  or  pound  any  of 
the  animals  mentioned  in  this  section  found  at  large  upon  the  streets,  alleys  or 
commons  of  the  city,  or  trespassing  upon  the  grounds  of  any  person,  and  hold  the 
same  until  claimed  by  the  owner,  and  the  owner  of  such  livery  stable  or  pound 
shall  be  entitled  to  reasonable  compensation  for  his  keep  of  any  such  animals,  to 
be  paid  by  the  owners  of  same,  and  he  may  hold  said  animals  until  his  charges 
for  keeping  same  are  paid. 

Sec.  338.  Itinerant  Doctor.  It  shall  be  unlawful  for  any  traveling  or 
itinerant  doctor  to  practice  medicine  in  any  of  its  branches  within  the  limits  of 
this  city.  To  open  an  office  for  such  purpose  or  to  announce  to  the  public  in  any 
other  way  an  intention  to  practice  medicine,  shall  be  an  offense  within  the  mean- 
ing of  this  ordinance.  Provided,  that  nothing  in  this  ordinance  shall  be  construed 
as  prohibiting  any  reputable  physician  or  surgeon  from  any  other  place  being 
called  here,  either  to  visit  a patient  or  in  consultation  with  any  reputable  physician 
of  this  city.  Any  person  convicted  of  a violation  of  this  section,  shall  be  fined  the 
sum  of  one  hundred  ($100.00)  dollars,  for  each  day  so  engaged  in  the  practice 
of  medicine. 

Sec.  339.  Loud  Noises  in  Street.  It  shall  be  unlawful  for  any  person  to 
make  loud  noises  in  the  streets  of  the  city,  by  ringing  bells  for  auction  or  other 
sales  or  making  other  noises  of  like  nature.  Any  person  convicted  of  this  offense 
shall  be  fined  five  ($5.00)  dollars  for  each  offense,  and  each  day  shall  constitute 
a separate  offense. 

Sec.  340.  Signal  Lamps — City  Property.  Any  person  who  shall  re- 
move or  destroy  any  of  the  signal  lamps,  barriers  or  tools  placed,  left  at 
or  around  unfinished  work  on  the  streets  or  alleys  of  the  city,  or  carry 
away  any  lumber,  or  other  material  belonging  to  the  City,  shall  be 
subject  to  a fine  of  not  less  than  fifty  ($50.00)  dollars,  nor  more 
than  one  hundred  ($100.00)  dollars  and  not  less  than  sixty  (60)  days  confinement 
at  the  work  house.  That  any  policeman  or  any  other  person  who  shall  arrest  or 


Ch.  9 


OFFENSES  AND  PUNISHMENTS. 


77 


cause  to  be  convicted  any  person  guilty  of  the  offense  named  in  the  foregoing 
section  shall  be  entitled  to  a reward  of  twenty-five  ($25.00)  dollars,  to  be  paid 
by  the  city. 

Sec.  341.  Sweepings  or  Vegetables  on  Streets,  Etc.  It  shall  be  un- 
lawful for  any  merchant,  store-keeper  or  any  other  person  to  sweep 
or  deposit  upon  the  pavements  of  streets,  paper,  scraps,  or  other  re- 
fuse or  store  sweepings  calculated  to  clog  the  street  gutters  or  to  dirty 
the  streets,  or  to  burn  paper,  straw  or  other  like  material  upon  the  street.  It  shall 
be  unlawful  for  any  person  to  throw  or  deposit  decayed  watermelons  or  water- 
melon rinds  or  other  vegetable  matter  upon  any  of  the  streets  or  alleys  of  this 
city.  Any  violation  of  the  provisions  of  this  ordinance  shall  be  punished  by  a 
fine  of  not  less  than  three  ($3.00)  dollars,  nor  more  than  ten  ($10.00)  dollars  for 
each  offense,  and  each  day  said  material  is  allowed  to  remain  on  the  streets  shall 
constitute  a separate  offense. 

Sec.  342.  Fish  Vendors  Offenses  of.  It  shall  be  lawful  for  all  persons 
who  have  procured  license  therefor  to  vend  fish  during  each  month  in  the  year, 
but  during  the  months  of  June,  July  and  August,  same  shall  only  be  kept  for  sale 
within  ice  chests  inside  of  stand.  Any  fish  dealer  who  permits  obnoxious  smells  to 
exist  around  his  stand  or  place  of  sale,  or  who  vends  tainted  fish,  or  throws  fish 
scales  or  other  substance  from  fish  in  the  gutters  or  on  the  streets  or  sidewalks  of 
the  city,  shall,  for  each  day  either  of  said  nuisances  is  permitted  to  exist,  be  fined 
not  less  than  five  ($5.00)  dollars,  nor  more  than  ten  ($10.00)  dollars. 

Sec.  343.  Hauling  Through  Streets.  Any  person  hauling,  carrying,  or 
transporting  in  any  manner  whatever,  any  hay,  straw,  ashes,  garbage,  dirt,  coal, 
rock,  sand,  brick,  offal,  manure,  or  any  material  whatever  that  is  calculated  to  fall 
upon  and  litter  the  streets  of  the  city,  shall  convey,  haul  and  transport  said  mater- 
ial in  such  wagons,  carts  or  conveyances  and  with  such  appliances  and  safeguards 
as  shall  prevent  said  material  from  falling  upon  and  litering  the  streets,  alleys  and 
sidewalks.  Any  person  violating  this  section  of  City  Ordinance  shall  be  fined  not 
less  than  two  ($2.00)  dollars,  nor  more  than  five  ($5.00)  dollars  for  each  offense. 
Any  person  hauling,  carrying  or  transporting  in  any  manner,  any  hay,  straw, 
ashes,  garbage,  dirt,  rock,  sand,  brick,  offal,  manure,  or  any  material  whatever, 
over  the  streets,  sidewalks  or  alleys  of  the  city,  and  who  shall  allow  any  of  the 
above  material  to  fall  thereon,  shall  be  subject  to  a fine  of  not  less  than  two 
($2.00)  dollars,  nor  more  than  five  ($5.00)  dollars,  to  be  recovered  by  proceed- 
ings in  the  Police  Court. 

Sec.  344.  Explosives.  No  person  shall,  in  city  limits,  keep  or  suffer  to  re- 
main in  any  house  of  which  he  or  she  has  control  more  than  thirty  (30)  pounds  of 
gun  or  blasting  powder  or  other  explosive  material  at  any  one  time.  Nor  shall  any 
person  keep  in  such  house  any  quantity  of  such  powder  or  explosives  which  is  not 
well  secured  in  canisters  or  kegs  with  tight  stops.  Nor  shall  any  person  carry 
a greater  quantity  of  such  powder  or  explosives  than  thirty  (30)  pounds,  unless  it 
shall  be  secured  in  tight  canisters  or  kegs,  under  a penalty  of  five  ($5.00)  dollars 
for  each  day  that  the  offense  shall  continue. 

Sec.  345.  Coal-Stealing  From  Cart.  Any  person  or  persons  employed 
as  drivers  of  a wagon,  cart  or  dray,  who  shall  when  employed  in  hauling  coal 
from  the  railway  depot  or  coal  depot  or  coal  yards,  or  for  delivery  to  purchasers, 
give  away  or  throw  off  from  any  wagon,  cart  or  dray,  of  which  he  may  be  driver, 
without  the  consent  of  his  employer,  coal  of  any  kind  or  quality  for  the  purpose  of 
supplying  any  other  than  the  person  entitled  to  receive  said  coal,  shall  be  fined 
for  each  offense  five  ($5.00)  dollars. 


78 


OFFENSES  AND  PUNISHMENTS. 


Ch.  9 


Sec.  346.  Concealed  Weapons — Shooting.  Any  person  who  shall  carry 
on  or  about  his  person  a concealed  deadly  weapon,  other  than  an  ordinary  pocket 
knife,  shall,  upon  conviction  thereof  in  the  Police  Court,  be  fined  not  less  than 
fifty  ($50.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dollars,  and  confined 
not  less  than  fifteen  (15)  nor  more  than  sixty  (60)  days  in  the  City  Jail.  And  if 
any  person  shall  throw  or  shoot  any  missile  whereby  any  person  or  property  shall 
be  injured,  he  shall  be  fined  five  ($5.00)  dollars  for  each  offense. 

Sec.  347.  Police  or  Fireman  Badge,  Wearing.  Any  person  not  a mem- 
ber of  the  Police  Force  or  Fire  Department  who  shall  publicly  wear  a police  or 
fire  badge  or  uniform  shall  be  fined  ten  ($10.00)  dollars  for  each  offense. 

Sec.  348.  Fire  Alarm,  Interfering  With.  Any  person  who  shall  cut  or 
otherwise  obstruct  the  wires  of  the  fire  alarm  system,  or  who  shall  break  or  in 
any  manner  tamper  with  or  injure  any  of  the  fire  alarm  boxes  of  the  city,  or  who 
shall  maliciously  turn  in  any  fire  alarm,  shall  be  subject  to  a fine  of  not  less  than 
twenty  ($20.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dollars. 

Sec.  349.  Catch  Basins,  Acts  Unlawful.  It  shall  be  unlawful  for  any 
person  to  throw  or  pour  any  slop,  impure  liquids,  or  offal  of  any  kind,  into  the 
catch  basins  of  the  city,  or  to  permit  anyone  in  his  employ  to  do  so.  Any  person 
so  offending  shall  be  fined  three  ($3.00)  dollars  for  each  offense. 

Sec.  350.  Trees,  Fence  Injuring.  It  shall  be  unlawful  for  any  person  in 
the  City  of  Lexington  to  wilfully  and  unlawfully  cut  down,  destroy,  or  injure  by 
topping  or  otherwise,  any  fruit  or  shade  tree  of  another,  or  pull  down  or  open 
any  fence  or  gate  or  break  or  cut  any  wire  fence,  or  destroy  or  injure  the 
vegetables,  trees  or  shrubbery  of  another.  A violation  of  this  section  shall  be 
punished  by  a fine  of  not  less  than  five  ($5.00)  dollars,  nor  more  than  one  hun- 
dred ($100.00)  dollars. 

Sec.  351.  Selling  Diseased  Animal  Flesh.  It  shall  be  unlawful  for  any 
butcher  or  other  person  in  the  City  of  Lexington  to  sell  the  flesh  of  any  animal 
dying  other  than  by  slaughter,  or  slaughtered  when  diseased.  Any  violation  of 
this  section  shall  be  punished  by  a fine  of  not  less  than  five  ($5.00)  dollars,  nor 
more  than  fifty  ($50.00)  dollars. 

Sec.  352.  Abusive  and  Insulting  Language.  Whoever  shall,  in 
the  City  of  Lexington,  in  the  presence  of  any  other  person  or  persons, 
use  any  abusive  or  insulting  language,  intending  thereby  to  insult  such 
other  person  or  persons,  or  with  the  intention  to  provoke  an  assault, 
shall  be  fined  not  less  than  twenty  ($20.00)  dollars,  nor  more  than  fifty  ($50.00) 
dollars ; and  any  person  who  shall  print  or  publish  any  abusive  language  reflect- 
ing on  the  integrity  or  moral  character  of  any  person  or  persons,  or  with  the 
intention  of  provoking  an  assault,  he  shall  be  fined  not  less  than  twenty-five 
($25.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dollars,  or  shall  be  con- 
fined in  the  City  Jail  for  not  less  than  one  (1)  nor  more  than  twelve  (12)  months, 
or  both  so  fined  and  imprisoned,  in  the  discretion  of  the  court.  When  such 
abusive  language  used  by  a man  to  woman,  the  highest  penalty  shall  be  imposed. 
The  truth  of  the  charges  made  may  be  proven  in  the  defense. 

Sec.  353.  Stables — Distance  From  Street.  It  shall  be  unlawful 
for  any  person  to  erect  a stable  within  seventy-five  (75)  feet  of  any 
public  street  or  thoroughfare  other  than  an  alley,  without  having  first 
obtained  the  consent  of  the  Mayor  and  General  Council,  after  applica- 
tion therefor  in  writing  shall  have  been  made  to  the  Superintendent 
of  Public  Works,  whose  duty  it  shall  be  to  transmit  and  communicate  said 
application  to  the  General  Council  at  its  first  meeting  after  the  making  of  said 
application;  specifying  the  name  of  the  applicant,  the  owner  and  occupant  of 


Ch.  9 


OFFENSES  AND  PUNISHMENTS. 


79 


the  premises,  the  size  and  character  of  the  building  to  be  erected  and  the  street 
and  distance  therefrom,  on  which  said  building  is  proposed  to  be  located ; 
provided,  however,  that  the  Superintendent  of  Public  Works,  with  the  approval 
of  the  Mayor,  shall  have  the  right  to  grant  to  the  owner  of  a corner  lot  per- 
mission to  erect  a stable  thereon,  within  the  distance  prohibited  by  this  ordi- 
nance. 

Sec.  354.  Any  stable  erected  within  seventy-five  (75)  feet  of  any  public 
street  or  thoroughfare  of  the  city  other  than  an  alley,  without  permission  of  the 
Mayor  and  General  Council  having  first  been  obtained  as  provided  in  the  fore- 
going section,  is  hereby  declared  to  be,  and  the  same  shall  be,  deemed  a nuisance. 
Upon  the  commission  of  such  nuisance  and  upon  the  attention  of  the  Mayor  being 
called  thereto,  he  shall  forthwith  cause  written  notice  to  be  served  upon  the 
owner  or  owners  of  said  building,  or  upon  the  occupant  of  said  premises,  ordering 
and  directing  him  to  remove  said  building  immediately ; and  if  said  building  shall 
not  be  removed  within  ten  (10)  days  after  the  service  of  said  notice,  or  if  the  own- 
er or  owners  thereof,  or  the  occupant  of  said  premises  shall,  after  the  service  of 
said  notice,  permit  or  cause  further  work  to  be  done  toward  the  completion  of 
said  building,  then  the  Mayor  shall  at  once  have  a warrant  issued  for  said  owner 
or  owners  or  upon  the  occupant  of  said  lot  and  the  penalty  prescribed  in  the 
following  section  shall  be  enforced.. 

Sec.  355.  Any  person  directing,  authorizing  or  engaging  in  the  construc- 
tion of  any  stable  in  violation  of  sections  353  and  354,  shall  be  punished  by  a fine 
of  ten  ($10.00)  dollars  for  each  and  every  day  that  said  violation  continues,  or  by 
imprisonment  in  the  City  Jail  for  a period  of  not  greater  than  thirty  (30)  days  or 
by  both  such  fine  and  imprisonment. 

Sec.  356.  Cellars,  Rubbish  In  or  On  Premises.  It  shall  be  unlawful  for 
any  one  owning,  leasing  or  controlling  property  in  the  City  of  Lexington  to  have 
or  keep  in  his  cellar  or  on  his  premises  an  accumulation  of  paper,  excelsior  or 
other  inflamable  material,  or  pour  ashes  into,  or  keep  the  same  in  wooden  boxes 
or  barrels,  or  near  the  buildings  or  fences.  Where  boxes  are  placed  in  a cellar 
they  must  be  stacked  carefully  upon  one  side  leaving  a passage-way  from  the 
front  to  the  rear  of  the  cellar. 

Sec.  357.  It  is  hereby  made  the  duty  of  the  Commissioner  of  the  De- 
partment of  Public  Safety,  and  the  members  of  the  Fire  Department  under  his 
direction,  to  examine  all  premises  and  notify  the  owners,  lessees  or  persons  in 
control  thereof  of  any  violation  of  the  preceding  section,  and  such  persons  so 
notified  shall  within  two  (2)  days  after  receiving  said  notice  remove  said  in- 
flammable material  from  their  premises,  or  cease  using  wooden  receptacles  for 
ashes,  or  placing  same  near  the  buildings  or  fences  on  his  premises.  And  upon 
his  failure  so  to  do*  within  two  (2)  days  after  receiving  said  notice,  said  owner, 
lessee  or  person  in  control  of  said  property  shall  be  fined  in  a sum  not  less  than 
five  ($5.00)  dollars,  nor  more  than  twenty-five  ($25.00)  dollars. 

Sec.  358.  Dogs  Disturbing  Peace  and  Quiet.  It  shall  be  unlawful  for 
any  person  to  keep  or  harbor  within  the  city  limits  any  dog  that  barks  or  yelps 
or  other  wise  makes  such  noise  as  to  disturb  the  peace  and  quiet  of  the  people  in 
the  neighborhood  where  the  same  is  kept.  Any  person  violating  this  section  shall 
be  fined  not  less  than  one  ($1.00)  dollar,  nor  more  than  ten  ($10.00)  dollars  for 
each  offense. 

Sec.  359.  Engines — Offenses  Concerning.  It  shall  be  unlawful  for  any 
person,  company  or  corporation  owning,  operating  or  controlling  a line  or  lines 
of  steam  railway  lying  or  operating  within  or  through  the  City  of  Lexington,  to 
cause  or  permit  the  steam  whistle  of  any  locomotive  engine  operating  upon 


8o 


OFFENSES  AND  PUNISHMENTS. 


Ch.  9 


such  line  of  railway,  to  be  sounded  within  the  corporate  limits  of  the  said  city, 
except  in  case  of  danger,  or  to  permit  the  popping  off  of  engines  or  the  using 
blowers  on  air  pump  upon  engines  while  they  are  standing. 

Sec.  360.  It  shall  be  unlawful  except  in  case  of  danger  for  any  agent 
or  employe  of  any  such  person,  company  or  corporation  to  sound  or  cause  to  be 
sounded,  within  the  corporate  limits  of  said  City,  the  steam  whistle  of  any 
locomotive  engine. 

Sec.  361.  Any  person,  company  or  corporation  violating  section  359, 
shall,  for  each  offense,  be  fined  in  any  sum  not  less  than  five  ($5.00)  dollars,  nor 
more  than  one  hundred  ($100.00)  dollars,  recoverable  in  the  Police  Court  of 
said  city. 

Sec.  362.  Any  person  violating  section  360,  shall,  for  each  offense,  be 
fined  in  any  sum  not  less  than  five  ($5.00)  dollars,  nor  more  than  fifty  ($50.00) 
dollars,  recoverable  in  the  said  Police  Court. 

Sec.  363.  It  shall  be  unlawful  for  any  railway  company,  or  any  officer, 
agent  or  employee  of  any  railway  company  to  use  or  operate  or  cause  to  be  used 
or  operated  any  locomotive  engine  within  the  limits  of  said  city  in  such  a manner 
as  to  produce  and  emit  therefrom  dense  smoke  or  soot  which  shall  damage 
property  in  said  city,  or  be  detrimental  to  the  health  or  comfort  of  any  person  in 
said  city  or  shall  especially  annoy  the  general  public,  and  any  such  company, 
officer,  employee  or  agent  who  shall  knowingly  use  or  operate  or  cause  to  be  used 
or  operated  any  locomotive  engine  within  the  limits  of  the  said  city,  in  such  a 
manner  as  to  produce  and  emit  therefrom  dense  smoke  or  soot  which  shall  damage 
property  in  said  city,  or  be  detrimental  to  the  health  or  comfort  of  any  person 
in  said  city,  or  shall  specially  annoy  the  general  public,  shall  be  guilty  of  an 
offense  under  this  ordinance,  and  upon  conviction  thereof  in  the  police  court  of 
said  city  shall  be  fined  in  any  sum  not  less  than  five  ($5.00)  dollars,  nor  more 
than  one  hundred  ($100.00)  dollars. 

Sec.  364.  It  shall  be  the  duty  of  the  Board  of  Health  and  the  health 
officers  of  the  city  to  see  to  the  prompt  enforcement  of  this  ordinance  and  to  this 
end  it  is  made  the  duty  of  the  several  members  of  the  police  force  to  immediately 
notify  the  health  officer  of  any  and  all  violations  of  this  ordinance,  and  it  shall  be 
the  special  duty  of  the  health  officer  to  cause  all  such  offenders  to  be  brought 
before  the  police  court  of  said  city  to  be  dealt  with  according  to  law. 

Sec.  365.  Hogs — Forbidden  to  Keep.  The  keeping  of  hogs,  shoats  or 

pigs  within  the  confines  of  the  city  is  hereby  prohibited  and  declared  to  be  un- 
lawful. A violation  of  the  provisions  of  this  section  shall  subject  the  offender 
to  a fine  of  five  ($5.00)  dollars  and  each  day  the  said  offense  shall  continue  shall 
be  deemed  a separate  offense. 

Sec.  366.  Curfew  Laws.  It  is  hereby  made  unlawful  for  any  person  under 
fifteen  (15)  years  of  age  to  be  or  remain  in  or  upon  any  of  the  streets,  alleys  or 
public  places  in  the  City  of  Lexington  at  night  after  the  hour  of  nine  (9)  o’clock  p. 
m.,  from  March  1st  to  August  31st,  inclusive,  of  each  year;  and  from  September 
1st  to  the  last  day  of  February,  inclusive,  of  each  year  after  the  hour  of  eight  (8) 
o’clock  p.  m.,  unless  such  person  is  accompanied  by  a parent,  guardian  or  other 
person  having  the  legal  custody  of  such  minor  person,  or  is  in  the  performance  of 
an  errand  or  duty  directed  by  such  parent,  guardian  or  other  person  having  the 
care  and  custody  of  such  minor  person,  or  whose  employment  makes  it  necessary 
to  be  upon  said  streets,  alleys  or  public  places  during  the  night  time  after  said 
specified  hours.  Any  person  violating  the  provisions  of  this  section  shall,  on 
conviction,  be  fined  in  any  sum  not  to  exceed  five  ($5.00)  dollars  for  each  offense, 
and  stand  committed  until  such  fine  and  costs  are  paid. 


Ch.  9 OFFENSES  AND  PUNISHMENTS.  81 

(See.  367.  It  is  hereby  made  unlawful  for  any  parent,  guardian  or  other 
erson  having  the  legal  care  and  custody  of  any  person  under  fifteen  (15)  years  of 
ge,  to  allow  or  permit  any  such  child,  ward  or  other  person  under  such  age, 
rhile  in  such  legal  custody,  to  go  or  be  in  or  upon  any  of  the  streets,  alleys  or 
public  places  in  said  city  within  the  time  prohibited  in  Section  366,  unless  there 
exists  a reasonable  necesity  therefor.  Any  person  violating  the  provisions  of  this 
section  shall,  on  conviction  be  fined  in  any  sum  not  exceeding  one  (1)  nor  more 
than  ten  ($10.00)  dollars  for  each  offense,  and  stand  committed  until  such  fine 
ind  costs  are  paid. 

Sec.  368.  Each  member  of  the  police  force,  while  on  duty,  is  hereby 
authorized  to  arrest,  without  warrants,  any  person  willfully  violating  the  provi- 
sions of  section  366,  and  retain  such  person  for  a reasonable  time  in  which  com- 
plaint can  be  made  and  a warrant  issued  and  served.  Be  it  further  ordained  that 
no  child  or  minor  persons  arrested  under  the  provisions  of  this  ordinance  shall  be 
placed  in  confinement  until  they  have  first  been  taken  home  to  ascertain  the 
parents’  wishes,  and  the  parents  shall  have  refused  to  be  held  responsible  for  the 
observance  of  the  provisions  of  this  ordinance  by  said  minor  person. 

Sec.  369.  It  shall  be  the  duty  of  the  Police  Judge,  upon  the  arrest  of  any 
child  or  minor  person  where  the  parents  or  guardians  have  refused  to  become 
responsible  for  said  minor  person  for  violation  of  the  provisions  of  section  366, 
to  inquire  into  the  facts  of  said  arrest  and  the  conditions  and  circumstances  of 
such  child  or  minor  person,  and  if  it  shall  appear  that  such  child  or  minor  per- 
son, for  want  of  proper  parental  care  is  growing  up  in  mendicancy  or  vagrancy, 
or  is  incorrigible,  cause  the  proper  proceedings  to  be  had  and  taken  as  authorized 
and  provided  by  law  in  such  cases. 

Sec.  370.  Spitting  on  Sidewalk  or  Public  Place.  Spitting  upon  the  side- 
walk of  any  public  street,  avenue,  park,  public  square,  or  place  in  the  City  of 
Lexington,  or  upon  the  floor  of  any  hall,  or  office  in  any  hotel  or  lodging  house, 
which  is  used  in  common  by  the  guests  thereof,  or  upon  the  floor  of  any  theatre, 
store,  factory  or  of  any  building  which  is  used  in  common  by  the  public,  or  upon 
the  floor  of  any  street  car  or  other  public  conveyance  used  as  a common  carrier 
of  passengers,  or  upon  the  floor  of  any  depot  or  station,  or  upon  the  station  plat- 
form in  said  City  is  hereby  forbidden. 

Sec.  371.  The  corporations  or  persons  owning  or  having  the  manage- 
ment or  control  of  any  such  building,  store,  factory,  street  car  or  other  public 
conveyance,  depot  or  station  platform  are  hereby  required  to  keep  permanently 
ported  in  each  of  said  places  a sufficient  number  of  notices  forbidding  spitting 
upon  the  floor  (calling  attention  to  the  provisions  of  this  section.)  And  it  shall 
be  the  duty  of  the  Board  of  Health  of  the  City  to  place  or  cause  to  be  placed 
upon  the  street  corners  of  principal  streets  in  said  City,  signs  directing  the  atten- 
tion of  the  public  to  this  ordinance. 

Sec.  372.  Whoever  violates  any  of  the  provisions  of  section  370,  shall 
be  fined  in  any  sum  not  exceeding  five  ($5.00)  dollars  for  each  offense. 

Sec.  373.  Signs  on  Poles  and  Sidewalks.  It  shall  be  unlawful  for  any 
person,  persons,  firm  or  corporation  to  place  any  billboard  or  sign  upon  any  side- 
walk of  the  City  or  to  nail  or  otherwise  fasten  said  billboard  or  sign  to  any 
telephone,  telegraph  or  other  pole  upon  said  sidewalk.  Any  person,  persons,, 
firm  or  corporation  violating  this  section  shall  be  fined  not  less  than  one  ($1.00) 
dollar  nor  more  than  ten  ($10.00)  dollars. 

Sec.  374.  Manhole,  Dirt  or  Rubbish  In.  Any  person  who  shall  place 
or  deposit  any  night  soil,  garbage,  dirt,  rock  or  other  rubbish  in  a manhole,  shall 
be  punished  by  a fine  of  not  less  than  one  ($1.00)  dollar,  nor  more  than  twenty- 
five  ($25.00)  dollars. 


82 


OFFENSES  AND  PUNISHMENTS. 


Ch.  9 

Sec.  375.  Drugs — Selling  Poisonous.  It  shall  be  unlawful  for  any  drug- 
gist, pharmacist,  or  other  person  to  sell,  give,  or  procure  for  another  person,  any 
morphine,  opium,  derivatives  of  opium,  cocane,  chloral  or  other  deleterious  or 
poisonous  drugs,  chemicals,  or  like  preparations,  containing  the  ingredients  of  said 
drugs,  except  upon  the  written  prescription  of  a reputable,  regular  practicing 
physician,  duly  licensed  by  the  State  of  Kentucky,  and  after  proper  prescription 
therefor  has  been  presented  and  before  any  sale,  gift  or  other  disposal  by  the  said 
druggist,  pharmacist,  or  other  person,  they  shall  affix  to  the  bottle,  box,  vessel,  or 
package  containing  same  a label  printed  plainly  written  in  the  English  language  in 
which  the  contents  or  name  of  the  article,  and  the  name  of  the  place  of  business 
of  the  seller,  and  it  shall  be  the  further  duty  of  any  such  persons  so  selling  or 
disposing  of  said  drugs  to  keep  a book  in  which  shall  be  pasted  the  prescription 
upon  which  said  sale  was  made,  and  in  which  shall  be  entered  the  name  of  the 
seller,  and  the  name  of  the  buyer,  and  the  residence  of  the  buyer,  and  the  date 
thereof,  which  book  shall  be  at  all  times  open  to  any  member  of  the  police  or 
detective  force  of  the  City  of  Lexington,  Ky.,  to  the  coroner  of  Fayette  County, 
and  to  any  member  of  the  Board  of  Health  of  the  City  of  Lexington,  Ky.  No 
prescription  issued  in  compliance  'with  the  provisions  of  this  ordinance  shall  be 
filled  the  second  time  unless  the  same  be  reindorsed  by  the  physician  who  origi- 
nally issued  the  same,  with  the  date  of  the  reindorsement.  Any  druggist,  pharma- 
cist, or  other  person  violating  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a misdemeanor,  and  shall  be  fined  not  less  than  fifty  ($50.00)  dollars, 
nor  more  than  one  hundred  ($100.00)  dollars,  and  confined  in  the  City  Jail  not 
less  than  ten  (10)  days,  nor  more  than  fifty  (50)  days. 

Sec.  376.  Druggists  Selling  Liquor.  It  shall  be  unlawful  for  any  person, 
persons,  firms  or  corporations,  who  are  now  conducting  or  operating,  or  who  shall 
hereafter  conduct  or  operate  a drug  store  in  the  City  of  Lexington,  Kentucky,  to 
sell  spirituous,  vinous  or  malt  liquors  in  any  quantity  in  the  same  store  room  in 
which  drugs  and  druggists’  supplies  are  offered  for  sale  at  retail,  and  sold  at  retail 
except  for  medicinal  purposes,  and  then  in  such  cases  only  on  the  prescription  of  a 
regular  practicing  physician.  Any  person,  persons,  firm  or  corporation  who  shall 
violate  the  provisions  of  this  ordinance  shall  be  fined  not  less  than  twenty-five 
($25.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dollars  for  each  offense. 

All  ordinances  and  parts  of  ordinances  in  conflict  herewith  are  hereby 
repealed. 

Sec.  377.  Fireworks.  Any  person  firing  cannon  or  anvils  or  discharging 
Roman  candles,  giant  crackers,  rockets,  bombs  or  any  other  kind  of  fireworks 
within  the  city  limits  shall,  upon  conviction,  be  fined  not  less  than  ten  ($10.00) 
dollars,  nor  more  than  fifty  ($50.00)  dollars  and  to  imprisonment  in  the  City  Jail 
for  not  less  than  ten  (10)  nor  more  than  thirty  (30)  days. 

Sec.  378.  It  shall  be  unlawful  for  any  person  to  sell  by  retail  in  the  City 
of  Lexington  firecrackers,  Roman  candles  or  other  fireworks  of  any  kind  or 
description.  Any  person  violating  the  provisions  of  this  section  shall  be  subject 
to  a fine  of  not  less  than  ten  ($10.00)  dollars  nor  more  than  fifty  ($50.00)  dollars, 
or  be  imprisoned  in  the  City  Jail  not  less  than  ten  (10)  nor  more  than  thirty  (30) 
days,  or  both  such  fine  and  imprisonment. 

Sec.  379.  Groceries  and  Stores  Closed  on  Sundays.  Hereafter  all 

grocery  stores,  butcher  shops,  meat  shops  and  markets,  and  all  fruit 
stands  where  groceries  are  kept  for  sale,  shall  be  closed  at  all  hours 
on  Sunday,  and  it  shall  be  unlawful  for  any  person  to  keep  open  any 
such  grocery  store,  butcher  shop,  meat  shop  or  market,  or  any  fruit  stand  where 
groceries  are  kept  for  sale  at  any  time  on  Sunday  or  to  sell,  give  away  or  deliver 
any  articles  therefrom.  Any  person  who  shall  violate  this  section  shall,  upon 


Ch.  9 OFFENSES  AND  PUNISHMENTS.  83 

conviction,  be  fined  not  less  than  five  ($5.00)  dollars  nor  more  than  ten  ($10.00) 
dollars  for  each  offense. 

Sec.  380.  Vacant  Lots  Clear  of  Rubbish.  The  owners  of  all  vacant  lots 
shall  keep  same  clean  of  weeds,  hay,  straw,  ashes,  tin  cans,  garbage,  offal,  manure, 
rubbish  or  other  material  useless  or  injurious  to  health,  also  the  sidewalk  or 
pavement,  or  place  where  pavement  should  be,  or  of  right  belongs  in  front  or  at 
the  side  of  all  vacant  lots,  free  from  the  same  weeds,  etc.,  under  a penalty  of  three 
($3.00)  dollars  to  ten  ($10.00)  dollars  for  each  offense,  after  said  owner  shall 
have  been  notified  in  writing  by  the  Chief  of  Police. 

Sec.  381.  Cattle  Driving.  It  shall  be  unlawful  for  any  person  or  persons  to 
drive  or  cause  to  be  driven  upon  any  street  of  the  City  of  Lexington  any  herd  or 
drove  of  cattle  or  other  stock,  of  ten  (10)  or  more  animals  without  having  at  least 
one  (1)  person  as  guard  on  the  sidewalk  on  each  side  of  the  street  upon  which 
such  cattle  or  stock  are  being  driven,  and  at  least  one  (1)  person  in  the  rear  of 
such  cattle  or  stock.  Any  person  or  persons  driving  or  causing  to  be  driven  any 
cattle  or  stock  upon  any  street  of  the  City  of  Lexington,  in  violation  of  this 
section,  shall  be  fined  not  less  than  one  ($1.00)  dollar,  nor  more  than  ten  ($10.00) 
dollars  for  each  offense. 

Sec.  382.  Fortune  Tellers  or  Clairvoyant.  Any  person  who  shall,  for 
pay  or  compensation,  claim,  pretend,  or  attempt  to  foretell  the  future,  or  predict 
coming  events  by  means  of  fortune  telling,  spiritualism,  palmistry  or  otherwise, 
or  who  shall,  for  pay  or  compensation,  give  or  hold  seances  where  the  pretended 
spirits  of  deceased  persons  are  brought  into  communication  with  living  persons, 
shall,  upon  conviction,  be  fined  not  less  than  ten  ($10.00)  dollars,  nor  more  than 
one  hundred  ($100.00)  dollars,  and  be  confined  in  the  City  Jail  ten  (10)  days 
for  each  offense.  Hereafter  no  license  shall  be  issued  by  the  Cfyty  Clerk 
to  any  clairvoyant,  fortune  teller,  spiritualist,  medium,  palmist,  hypnotist,  mes- 
merist, nor  other  person  claiming  to  have  supernatural  powers,  or  who  claims 
or  pretends  to  do  any  of  the  things  mentioned  in  this  section. 

Sec.  383.  Any  person,  firm  or  corporation  publishing  any  newspaper  in 
the  City  of  Lexington,  which  shall,  for  pay  or  compensation,  publish  any  notice 
or  advertisement  of  any  person  claiming  or  pretending  to  do  any  of  the  things 
mentioned  in  section  382  shall,  upon  conviction,  be  fined  not  less  than  ten  ($10.00) 
dollars,  nor  more  than  one  hundred  ($100.00)  dollars  for  each  offense.  The  two 
foregoing  sections  shall  not  apply  to  authorized  bureaus  for  the  forecasting  of 
the  weather,  nor  to  public  entertainments  at  opera  houses. 

Sec.  384.  Permanent  Business  on  Street  Forbidden.  On  and  after 
March  1st.,  1913,  it  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  maintain,  carry  on  or  conduct  stationary  or  permanent  (fruit 
stands,  boot  black  stands  or  any  other  business  on  any  of  the  public 
streets,  sidewalks  or  ways  of  the  City  of  Lexington,  and  no  license  shall  be  issued 
to  any  person  to  conduct  any  business  at  any  stationary  or  permanent  stand  on 
the  streets  or  sidewalks  of  the  City  after  March  1st.,  1913.  Any  person  violating 
this  section  shall  be  punished  by  a fine  of  not  less  than  ten  ($10.00)  dollars, 
nor  more  than  one  hundred  ($100.00)  dollars,  and  each  day  of  such  violation 
•shall  be  deemed  a separate  offense. 

Sec.  385.  Glass,  Nails,  Etc.  on  Street.  It  shall  be  unlawful  for  any  per- 
son to  throw,  drop  or  place  upon  any  of  the  streets,  sidewalks  or  public  ways  of 
the  City  of  Lexington,  any  broken  glass,  bottles,  wire,  tacks  'or  nails,  unless  such 
person  immediately  remove  the  same.  Any  person  violating  the  provisions  of  this 
section  shall  be  punished  by  a fine  of  not  less  than  one  ($1.00)  dollar,  nor  more 
than  ten  ($10.00)  dollars  for  each  offense. 


84 


OFFENSES  AND  PUNISHMENTS. 


Ch.  9 


Sec.  386.  Snow  on  Sidewalk,  Etc.,  Removal.  It  shall  be  the  duty  of  all 
occupants  of  lots  in  the  city  to  remove  the  snow  from  the  sidewalks  in  front  there- 
of within  twenty-four  (24)  hours  after  such  snow  shall  fall.  In  case  of  vacant 
or  unoccupied  lots,  it  shall  be  the  duty  of  the  owners  of  said  lots  or  the  persons  in 
control  thereof  to  remove  the  snow  as  herein  provided.  Any  person,  firm  or 
corporation  violating  this  section  by  refusing  to  comply  with  same,  shall  be 
fined  three  ($3.00)  dollars  for  each  offense  and  each  day’s  failure  to  remove  snow 
as  herein  required,  shall  be  a separate  offense. 

Sec.  387.  Building  on  Sidewalk.  It  shall  be  unlawful  for  any  person  to 
erect,  keep  or  maintain  on  any  street,  sidewalk  or  alley,  any  house,  fence,  wall  or 
building,  or  to  enclose  any  sidewalk,  street  or  alley,  or  a part  of  the  same  with 
any  fence  or  wall,  or  in  any  manner  whatever  except  as  may  be  provided  in  this 
ordinance.  Any  person  violating  the  provisions  of  this  section,  shall  be  fined 
not  less  than  five  ($5.00)  dollars,  nor  more  than  twenty-five  ($25.00)  dollars,, 
and  each  day  that  same  shall  continue  shall  be  deemed  a separate  offense. 

Sec.  388.  Injuring  Pavement  or  Curb.  It  shall  be  unlawful  for  any  per- 
son to  dig,  break,  displace  or  injure  in  any  manner  any  pavement  or  curbing, 
except  in  making  improvements  to  adjoining  lots  for  public  purposes.  Whoever 
shall  dig,  displace  or  injure  any  pavement,  sidewalk  or  curbing  in  making  im- 
provements to  adjoining  lots  or  for  public  purposes,  shall  replace  the  same  in 
its  original  condition  within  twenty-four  (24)  hours  after  the  completion  of  the 
work. 

Sec.  389.  Obstructing  Street  or  Sidewalk — Exceptions.  It  is  hereby  made 
unlawful  for  any  person,  firm  or  corporation,  to  obstruct  any  public 
street  or  sidewalk,  or  any  part  thereof  of  any  street  or  sidewalk,  in  the 
City  of  Lexington,  by  placing  or  depositing  thereon,  or  causing  to  be 
placed  or  deposited  thereon,  any  wagons,  buggies,  or  other  vehicles,  barrels, 
boxes,  merchandise  of  any  kind,  building  materials  or  other  movable  things  or 
articles  of  any  kind ; provided  that  occupants  of  store  rooms  may  display  their 
wares  and  merchandise,  during  the  business  hours,  in  front  of  their  store  rooms 
on  two  and  one-half  (234)  feet  of  the  sidewalk  on  the  property  line  side,  where 
the  walk  is  nine  (9)  feet  or  greater  in  width  from  property  line  to  curbing;  and 
merchants  engaged  in  the  sale  of  gasoline  may  use  not  exceeding  two  and  one- 
half  (2j4)  feet  square  of  the  sidewalk  in  front  of  their  stores  or  garages  next  to 
the  curb  for  the  location  of  a gasoline  pump,  the  supply  tank  to  be  buried  in  the 
ground  under  the  walk. 

Sec.  390.  This  ordinance  shall  not  be  construed  to  prevent  or  make  un- 
lawful, such  temporary  obstruction  of  sidewalks  and  streets  as  may  be  necessary 
for  the  purpose  of  the  construction  or  repairs  of  buildings,  if  a permit  therefor 
shall  have  been  obtained  in  the  manner  required  by  ordinance  of  the  City,  and 
such  obstruction  continue  no  longer  than  reasonably  necessary  for  such  purpose, 
or  the  temporary  use  of  streets  by  licensed  livery  stable  keepers  for  storing 
vehicles  of  their  patrons  on  court  days,  circus  days,  Saturdays,  fair  days,  and 
other  similar  occasions,  or  the  temporary  obstruction  of  streets  by  merchandise 
in  transition  from  one  place  to  another;  provided,  that  in  no  instance  shall  the 
use  or  obstruction  of  any  street  or  sidewalk  be  longer  than  reasonably  necessary 
for  the  purposes  mentioned  in  this  section,  and  if  such  use  or  obstruction  continue 
longer  than  reasonably  necessary,  the  person  responsible  therefor  shall  be  liable 
to  the  penalty  prescribed  in  this  ordinance.  Any  person,  firm  or  corporation 
violating  the  provisions  of  sections  389  and  390  shall  be  punished  by  a fine  of  not 
less  than  one  ($1.00)  dollar,  nor  more  than  twenty-five  ($25.00)  dollars  for  each 


Ch.  9 OFFENSES  AND  PUNISHMENTS.  85 

offense,  and  each  day  that  any  obstruction  prohibited  by  this  ordinance  shall 
continue,  shall  be  deemed  a separate  offense. 

Sec.  391.  Gasoline — How  Kept.  Any  and  all  persons,  firms  or  corpora- 
tions handling  or  selling  gasoline,  benzine  or  other  explosives,  and  not  keeping 
same  in  tanks  as  prescribed  by  the  laws  of  the  city,  shall  keep  said  liquids  and 
substances  in  barrels  in  locked  warehouses  constructed  of  brick  or  stone,  which 
shall  not  be  located  within  less  than  thirty  (30)  feet  of  any  building  not  the 
property  of  such  persons,  firms  or  corporations.  Any  one  violating  this  section 
shall  be  subject  to  a fine  of  not  less  than  five  ($5.00)  dollars,  nor  more  than  fifty 
($50.00)  dollars. 

Sec.  392.  Horses  or  Vehicles  on  Sidewalk.  It  shall  be  unlawful  for  any- 
one to  lead,  ride,  drive  or  place  any  beast  of  burden  or  vehicle,  on  any  side- 
walk otherwise  than  going  to  or  from  the  premises  occupied  or  owned  by  him  or 
his  employer. 

Sec.  393.  Traction  Engines  Forbidden  on  What  Streets.  It  shall  be  un- 
lawful for  any  person  or  persons  to  pull,  drive  or  propel  any  traction  engines, 
crushers  or  like  vehicles  that  have  corrugated  tires  or  tires  with  lugs  or  spikes, 
upon  or  over  any  street  of  the  City  of  Lexington,  Kentucky,  paved  or  con- 
structed with  asphalt,  brick  or  wooden  blocks.  Any  person  or  persons  violating 
this  section,  shall  be  fined  not  less  than  five  ($5.00)  dollars,  nor  more  than 
twenty-five  ($25.00)  dollars  for  each  offense. 

Sec.  394.  Chickens,  Etc.,  Running  at  Large.  Any  person  or  persons 
owning  or  having  in  their  custody  and  control  any  chickens  or  fowls  who  shall 
permit  same  to  run  at  large,  or  to  go  upon  the  grounds  or  property  of  another 
or  beyond  the  bounds  of  the  property  of  the  owner  or  the  person  in  control  of 
the  chickens  or  said  fowls,  shall  be  fined  for  each  offense  not  less  than  one  ($1.00) 
dollar,  nor  more  than  five  ($5.00)  dollars. 

Sec.  395.  General  Penalties.  The  penalty  for  the  violation  of  any  of  the 
provisions  of  any  of  the  ordinances  of  the  City  of  Lexington,  where  no  other 
penalty  is  especially  prescribed,  shall  be  five  ($5.00)  dollars  for  each  offense. 

Sec.  396.  Confined  in  City  Jail — When.  All  persons  fined  by  the  Police 
Court  of  the  City  of  Lexington,  Kentucky,  for  the  violation  of  the  charter  or 
ordinances  of  said  city,  or  the  Statutes  of  the  State  of  Kentucky,  and  who  do  not 
pay  said  fine  together  with  the  costs  of  said  prosecution,  shall  be  confined  at 
hard  labor  in  the  City  Jail  of  said  city,  until  said  fine  and  costs  shall  be  worked 
out. 

Sec.  39 7.  Prisoners  Allowed  50  Cents  Per  Day.  All  prisoners  committed 
to  the  City  Jail  under  these  ordinances  shall  be  entitled  to  the  credit  of  fifty  (50) 
cents  per  day,  while  so  confined. 


86 


OFFICERS  AND  EMPLOYEES. 


Ch.  io 


CHAPTER  io.  ARTICLE  i. 

BOARD  OF  COMMISSIONERS. 

Sec.  398.  General  Powers  and  Duties.  The  duties  of  the  commissioners- 
of  the  several  Departments  of  the  City  Government  are  determined  and  pre- 
scribed as  follows : 

The  Board  of  Commissioners  has  and  shall  exercise  all  legislative,  execu- 
tive and  administrative  powers,  functions  and  duties  conferred  by  law  upon  the 
City  or  its  officers,  whether  specifically  enumerated  herein  or  not.  It  shall  make 
all  orders  for  the  doing  of  work,  or  the  making  or  construction  of  any  improve- 
ment. It  shall  levy  all  taxes,  apportion  and  appropriate  all  funds,  and  audit 
and  allow  all  bids,  accounts,  pay-rolls  and  claims,  and  order  payment  thereof. 
It  shall  make  all  assessments  for  the  cost  of  street  improvements,  sidewalks, 
sewers  and  other  work,  improvement  or  repairs  which  may  be  especially  assessed. 
It  shall  make  or  authorize  the  making  of  all  contracts,  and  no  contract  shall  bind 
or  be  obligatory  upon  the  City  unless  made  or  authorized  by  ordinance  or  reso- 
lution adopted  by  the  Board.  All  Commissioners  of  Departments  and  all  officers 
and  employes  of  the  City  are  the  agents  of  the  Board,  and  all  their  acts  shall  be 
subject  to  review  and  approval  or  revocation  by  the  Board.  Every  Commis- 
sioner or  officer  shall,  from  time  to  time,  as  required  by  law  or  ordinance,  or 
when  requested  by  the  Board,  or  whenever  he  shall  deem  it  necessary  for  the 
good  of  public  service,  report  to  the  Board  in  writing  respecting  the  business  of 
his  department  or  office  or  matters  connected  therewith. 

Sec.  399.  The  Board  may  by  ordinance  or  resolution,  assign  to  a Com- 
missioner, officer  or  employe,  duties  in  respect  to  the  business  of  any  other 
department,  office  or  employment,  and  such  service  shall  be  rendered  without 
additional  compensation. 

Sec.  400.  Department  of  Public  Affairs.  The  Mayor  shall  have  and 
exercise  all  the  powers  and  perform  all  the  duties  conferred  on  him  and  pre- 
scribed by  law  or  the  ordinances  of  the  City,  not  in  conflict  with  the  provisions 
of  this  ordinance.  He  shall  be  Commissioner  of  the  Department  of  Public 
Affairs,  and  as  such  shall  have  general  supervision  and  oversight  over  all  de- 
partments and  offices  in  the  City ; he  shall  be  the  chief  executive  officer  and 
representative  of  the  city,  shall  sign  all  contracts  on  behalf  of  the  City  and  shall 
have  charge  of  and  cause  to  be  prepared  and  published  all  statements  and  reports 
required  by  law  or  ordinance  and  not  otherwise  provided  for.  He  will  pro- 
cure from  all  persons  and  corporations,  operating  public  service  utilities  in  the 
City,  such  reports  as  they  may,  by  law,  ordinance  or  otherwise,  be  required  to* 
furnish  to  the  City,  and  place  them  before  the  Board  of  Commissioners  for  their 
information  and  consideration,  and  he  will,  whenever  the  City  has  the  right  to 
do  so,  cause  the  books,  records  and  accounts  of  any  such  person  or  corporation 
to  be  examined  and  the  result  of  such  examination  reported  to  the  Board  of 
Commissioners.  He  shall  have  charge  and  supervision  over  all  public  service 
utilities  and  all  persons  and  corporations  rendering  service  in  the  City  under  any 
franchise,  contract  or  grant,  and  of  the  manner  in  which  such  service  is 
rendered,  and  all  matters  and  affairs  pertaining  to  the  public  health.  All  notices 
of  quarantine  and  release  shall  bear  his  signature. 

Sec.  401.  Commissioner  of  Public  Finance.  The  Commissioner  of  Pub- 
lic Finance  shall  have  charge  of  and  supervision  over  all  fiscal  affairs  of  the 
City,  including  the  assessment  of  property  for  taxation,  collection  of  taxes, 
licenses,  rentals  and  other  revenues  of  the  City,  and  the  disbursement  of  the. 


Ch.  io 


OFFICERS  AND  EMPLOYEES. 


87 


City’s  funds.  He  will  see  that  all  collections  are  credited  to,  and  all  disburse- 
ments made  from  the  proper  funds.  He  will  keep  the  Board  of  Commissioners 
advised  of  the  condition  of  the  various  fund  accounts  of  the  City,  including 
sinking  funds  and  special  assessment  funds.  He  will  have  charge  of  and  super- 
vision over  all  accounts  and  records  of  the  City,  and  will  make  all  necessary 
inspections  and  audits  thereof  to  see  that  they  are  accurately  and  properly  kept. 

Sec.  402.  He  shall  have  charge  of  the  purchase,  care  and  distribution 
of  all  supplies  not  otherwise  provided  for,  and  he  will  examine  or  cause  to  be 
examined,  and  report  to  the  Board  of  Commissioners  upon  all  accounts,  pay- 
rolls and  claims  before  they  are  allowed  and  paid,  unless  otherwise  provided 
for  by  law  or  ordinance.  He  will,  at  the  end  of  each  month,  cause  to  be  prepared 
and  published  in  the  official  newspaper,  an  itemized  statement  of  the  receipts 
and  disbursements  of  the  City  for  the  month. 

Sec.  403.  The  Commissioner  of  Public  Finance  shall,  in  person  and  by 
the  appropriate  officers  and  employes  in  his  department,  have  all  the  powers 
and  perform  all  the  duties  and  functions  prescribed  by  general  laws  relating  to 
Cities  of  the  Second  Class,  or  which  may  be  required  by  ordinance  of  this  City, 
to  be  performed  by  the  City  Clerk,  Treasurer,  Auditof,  Assessor,  Delinquent 
Tax  Collector,  Back  Tax  Assessor  and  License  Officer. 

Sec.  404.  Commissioner  of  Public  Safety.  The  Commissioner  of  Public 
Safety  shall  have  charge  of  and  direction  and  supervision  over,  all  matters  and 
affairs  pertaining  to  the  Public  Safety,  and  preservation  of  law  and  order  and  the 
protection  of  life  and  property,  and  of  all  employes,  agents  and  agencies  of  the 
City  designed  for  said  purposes  and  assigned  to  that  department  by  ordinance. 
The  Commissioner  of  Public  Safety  will,  in  person,  and  by  the  appropriate 
officers,  agents  and  employees  in  his  department,  have  all  the  powers  and  per- 
form all  the  duties  and  functions  prescribed  and  required  by  general  laws  re- 
lating to  Cities  of  the  Second  Class  or  which  may  be  required  by  ordinance  of 
this  City,  to  be  performed  by  such  officers,  agents  and  employes. 

Sec.  405.  Commissioner  of  Public  Works.  The  Commissioner  of  Pub- 
lic Works  shall  have  charge  of  and  supervision  over  all  public  work,  cleaning  and 
oiling  streets,  street  improvements,  construction  of  sewers,  bridges,  viaducts, 
public  buildings  and  all  other  public  works  and  improvements  and  the  accept- 
ance thereof,  and  repairs  of  same.  He  shall  have  all  the  powers  and  perform  all 
the  duties  prescribed  and  required  by  law  relating  to  Cities  of  Second  Class, 
(or  any  ordinance  of  the  City  of  Lexington),  or  which  may  be  prescribed  by 
ordinance  of  this  City  for  the  Board  of  Public  Works,  or  Superintendent  of 
Public  Works  and  shall  perform  any  other  duties  required  of  him  by  law  or 
ordinance. 

Sec.  406.  Commissioner  of  Public  Property.  The  Commissioner  of  Pub- 
lic Property  shall  have  charge  of  and  supervision  over  all  matters  relating  to 
weights  and  measures,  public  scales,  and  all  public  grounds,  buildings,  parks  and 
other  public  property  and  all  employes  and  agents  of  the  City  employed  in 
connection  therewith,  not  specifically  assigned  to  some  other  department,  and  he 
shall  have,  exercise  and  perform  all  ministerial  powers  and  duties  with  reference 
to  the  public  parks  of  the  City,  prescribed  by  general  laws  of  Cities  of  the 
Second  Class  for  the  Board  of  Park  Commissioners  in  such  Cities. 

Sec.  407.  Additional  Duties.  In  addition  to  the  duties  prescribed  in 
the  foregoing  sections,  the  Commissioner  of  each  department  shall  have  charge 
of  and  supervision  over  each  of  the  functions  assigned  to  his  department  by 
ordinance,  and  all  functionaries,  agents,  employes,  property,  accounts,  records 
and  other  thing  or  matter  connected  therewith  or  pertaining  thereto  unless  speci- 


38 


OFFICERS  AND  EMPLOYEES. 


Ch.  io 


fically  assigned  to  some  other  department.  He  shall  give  his  personal  attention 
and  supervision  to  each  branch  or  function  of  his  department,  and  will  see  that 
all  agents  and  employes  perform  their  duties  properly  and  faithfully.  He  will 
see  that  all  laws,  ordinances  and  orders  of  the  Board  of  Commissioners  relating 
to  his  department  are  obeyed  and  complied  with  and  will  report  to  the  Board 
all  dereliction  on  the  part  of  any  employe  in  the  performance  of  his  duty.  He 
will  examine  and  approve  all  claims,  accounts  or  demands  against  the  City 
arising  in  connection  with  his  department,  and  will  make  all  necessary  examina- 
tion and  inspection  of  work,  books  and  records  pertaining  to  his  department, 
and  make  due  reports  thereof  to  the  Board  whenever  required  by  the  Board  or 
by  any  law  or  ordinance  of  the  City.  He  will,  at  all  times,  keep  the  Board 
fully  advised  as  to  the  status  of  matters  pertaining  to  the  functions  of  his  de- 
partment, and  do  and  perform  such  other  things,  not  inconsistent  herewith,  as 
may  be  necessary  to  insure  best  services  to  the  City  and  a faithful  and  wise 
administration  of  his  department. 

Sec.  408.  Except  as  otherwise  provided  by  law  or  ordinance,  the  Com- 
missioner of  each  department  shall  appoint  or  employ  such  assistants  and  em- 
ployes as  may  be  authorized  by  the  Board  and  necessary  to  the  efficient  conduct 
of  the  service  in  said  department. 

Sec.  409.  The  Commissioner  of  each  department  shall  make  and  enforce 
such  rules  and  regulations,  not  inconsistent  with  law  or  the  ordinances  or  rules 
and  regulations  adopted  by  the  Board  of  Commissioners,  as  may  be  necessary  to 
secure  efficient  conduct  of  the  service  of  his  department  or  the  business  in  charge 
thereof. 

Sec.  410.  Administrative  Functions.  The  administrative  functions  of 
the  several  departments  of  the  City  government  are  determined  and  classified  as 
follows : 

DEPARTMENT  OF  PUBLIC  AFFAIRS. 

Legal  Department. 

Utilities. 

City  Printing. 

Public  Library. 

Municipal  Magazine. 

Health  Department  and  sub-divisions. 

Charities,  Corrections  and  Morals. 

DEPARTMENT  OF  PUBLIC  FINANCE. 

Purchasing  and  Storekeeping. 

City  Clerk. 

City  Treasurer. 

City  Auditor. 

Assessor. 

Delinquent  Tax  Collector. 

Back  Tax  Assessor. 

License  Officer. 

DEPARTMENT  OF  PUBLIC  SAFETY. 

Fire  Department. 

Police  Department. 

City  Jail  Employes.  I 

Building  Inspection. 

Meter  Inspection. 


Ch.  io 


OFFICERS  AND  EMPLOYEES. 
BOARD  OF  PUBLIC  WORKS. 


89 


Street  Cleaning. 

Street  Maintenance. 

Street  Paving  and  Construction. 

Sewer  Maintenance. 

Sewer  Construction. 

Sewerage  Disposal  Plant. 

City  Engineer. 

Supervising  Engineer. 

DEPARTMENT  OF  PUBLIC  PROPERTY. 

Weights  and  Measures. 

Market  House  and  Market  Master. 

Public  Buildings  and  Janitors  and  Public  Grounds. 

Public  Scales  and  Public  Weigher. 

Sec.  41 1.  The  Commissioner  at  the  head  of  each  department  shall  make 
up  the  year’s  budget  for  his  department  and  these  budgets  shall  be  reported  to 
the  Board  of  Commissioners  for  final  action  in  the  making  up  of  the  complete 
budget. 

Sec.  412.  All  functions,  functionaries  and  affairs  of  the  City  not  assigned 
by  law  or  ordinance  to  some  other  department,  are  assigned  and  classified  to  the 
Department  of  Public  Affairs. 

Sec.  413.  Meetings.  The  rear  room  on  the  second  floor  of  the  Hernando 
Building,  located  on  East  Main  Street,  formerly  used  as  the  meeting  place  of  the 
Lower  Board  of  the  General  Council  is  hereby  designated  as  the  meeting  place 
of  the  Board  of  Commissioners,  and  the  times  for  all  regular  meetings  of  the 
Board  is  hereby  fixed  to  be  held  on  each  and  every  Monday  at  10  o’clock  a.  m., 
unless  the  same  shall  fall  on  a legal  holiday,  in  which  event  the  meeting  shall 
be  held  on  the  following  day  at  the  same  hour. 

Sec.  414.  City  Building.  The  City  Clerk,  in  the  official  minutes  or  other 
records  is  hereby  authorized  to  designate  the  Hernando  Building  for  meeting 
place  as  “City  Building.” 


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OFFICERS  AND  EMPLOYEES 


Ch.  io 


CHAPTER  io.  ARTICLE  2. 

OFFICERS  AND  EMPLOYEES 

DEPARTMENT  EMPLOYEES 

Sec.  415.  The  various  positions  of  employment  in  the  several  depart- 
ments of  the  City  of  Lexington,  the  number  of  employes  for  the  several  positions, 
and  their  respective  salaries  and  wages,  are  prescribed,  designated  and  fixed 
as  follows : • 

DEPARTMENT  OF  PUBLIC  AFFAIRS. 

Per  Month. 

One  City  Solicitor $208.33 

One  City  Attorney . . . . 125.00 

One  Police  Judge 100.00 

One  Secretary  of  Mayor  100.00 

One  Health  Officer 1 50.00 

One  City  Bacteriologist  50.00 

One  Laboratory  Assistant  75 .00 

Two  Sanitary  Inspectors,  each  80.00 

One  Caretaker  of  City  Hopper 50.00 

Four  City  Physicians,  each 25.00 

One  Meter  Inspector Fees 

DEPARTMENT  OF  PUBLIC  FINANCE. 

Auditor $150.00 

Assistant  Auditor 100.00 

License  Inspector  125.00 

City  Treasurer  150.00 

Deputy  Treasurer  83.33% 

City  Clerk  166.66 

Assistant  City  Clerk 83.33% 

Assessor  166.66 

Deputy  Assessor  83.33% 

Treasurer’s  Clerk  50.00 

Auditor’s  Stenographer  50.00 

Dog  Catcher  (when  employed)  75-°° 

Back  Tax  Assessor Commission 

Delinquent  Tax  Collector Commission 

DEPARTMENT  OF  PUBLIC  SAFETY. 

One  Jailer  $166.66 

One  Deputy  Jailer 75.00 

One  Engineer  55-00 

One  Assistant  Engineer  55-00 

One  Quarryman  • • 55-00 

One  Night  Watchman 55-00 

(See  heading  “Police  and  Firemen”  for  other  employes  of  this  department.) 


Ch.  io  OFFICERS  AND  EMPLOYEES.  91 

DEPARTMENT  OF  PUBLIC  WORKS. 

Per  Month. 

One  Clerk  $ 75.00 

One  Engineer  150.00 

One  Assistant  Engineer 100.00 

One  Rod  Man 50.00 

Per  Day. 

One  Foreman  of  Catch  Basin  Crew $ 2.00 

Laborers  (when  employed)  each  1.50 

DEPARTMENT  OF  PUBLIC  PROPERTY. 

One  Superintendent  Public  Parks $85.00 

One  Park  Policeman 80.00 

One  Park  Policeman 70.00 

One  Market  Master 50.00 

One  Property  Carpenter 50.00 

One  City  Weigher Fees 

Per  Day. 

Laborers  (when  employed)  each $ 1.50 


Sec.  416.  Each  employe  provided  for  in  this  ordinance  shall  perform 
the  duties  usually  and  customarily  incident,  and  pertaining  to  his  position  of 
employment,  or  which  may  be  prescribed  by  law  or  ordinance  and  any  other 
duties  in  his  department,  which  may  be  required  of  him  by  the  Commissioner 
thereof,  or  which  may  be  required  of  him  in  any  other  department  of  the  City, 
by  the  Board  of  Commissioners. 

Sec.  417.  The  several  employes  of  the  City  provided  for  in  this  ordinance 
shall  receive  pay  for  their  services,  during  the  time  of  their  actual  employment, 
at  the  rates  fixed  in  sections  415,  458  and  464  and  set  opposite  the  names  of  the 
respective  positions  of  employment,  said  compensation  to  be  paid  monthly,  as 
other  City  accounts  are  paid. 

Sec.  418.  Day  Laborers.  In  c^.se  of  day  laborers  and  in  any  other 
instance  where  the  number  of  employes  is  not  fixed  by  this  ordinance,  or  when 
additional  employes  may  be  required  temporarily  in  any  department,  the  Com- 
missioner of  that  department  may,  unless  otherwise  provided  by  law, 
or  ordinance,  employ  such  laborers  or  additional  employes  at  such  times  and  for 
such  length  of  time,  as  he  may  deem  necessary,  and  may  prescribe  their  duties, 
and  will  make  monthly  report  thereof  to  the  Board.  The  compensation  of  such 
laborers  and  employes  shall  in  no  case  exceed  the  rates  fixed  in  this  ordinance, 
and  the  total  amount  to  be  paid  therefor  in  each  department,  in  any  year,  shall 
not  exceed  the  amount  apportioned  therefor. 

Sec.  419.  Employes  Retained.  All  persons  who  are  now  filling  any  of 
the  positions  of  employment  provided  for  in  this  ordinance,  and  performing  the 
duties  thereof  as  prescribed  herein,  are  hereby  employed  and  retained  by  the 
City  of  Lexington,  in  said  respective  positions,  and  at  the  rates  of  pay  herein 
provided,  until  such  time  as  the  Board  of  Commissioners,  or  the  Commissioners 
of  respective  departments,  as  may  be  provided  by  ordinance,  shall  make  further 
provision  with  reference  to  such  employes.  A continuation  of  any  such  person 
in  the  service  of  the  City  shall  be  deemed  an  acceptance  of  the  employment 
made  by  this  ordinance. 

Sec.  420.  The  provisions  of  this  ordinance,  designating  and  appointing 
employes  of  the  City  and  fixing  their  compensation,  shall  relate  back  to  January 
1st,  1913,  and  the  compensation  of  all  persons  who  have  performed  services  for 


92 


OFFICERS  AND  EMPLOYEES 


Ch.  io 


the  City  since  said  time  in  any  of  the  positions  provided  for  in  this  ordinance, 
is  hereby  fixed  at,  and  such  persons  shall  be  paid  for  said  services,  the  compensa- 
tion provided  for  in  this  ordinance. 

Sec.  421.  Street  Sweeping  Superintendent.  The  position  of  Superin- 
tendent of  Street  Sweeping  for  asphalt  and  brick  streets'  is  hereby  created,  and 
such  Superintendent,  when  elected,  shall  receive  seventy-five  ($75.00)  dollars 
per  month.  The  Superintendent  of  Street  Sweeping  shall  act  under  the  super- 
vision of  the  Commissioner  of  Public  Works,  and  perform  such  duties  as  may 
be  designated  by  the  Commissioner  of  said  department. 

Sec.  422.  Extra  Clerical  Assistance.  Whenever  it  becomes  necessary  to 
employ  extra  clerical  assistance  in  the  Finance  Department,  the  Commissioner 
of  that  department  shall  make  out  bills  for  such  services  in  regular  form,  and 
upon  endorsement  by  the  Auditor,  the  City  Clerk  shall  draw  his  warrant  on  the 
Treasurer  for  the  amounts  named  in  favor  of  the  extra  clerks  so  employed. 

Sec.  423.  Back  Tax  Assessor.  The  Mayor  (now  Commissioner  of  Pub- 
lic Finance)  is  authorized  to  employ  for  a period  or  term  of  two  (2)  years  from 
date  of  said  employment  or  appointment  a suitable  person  whose  duty  it  shall  be 
to  discover  and  report  unassessed  property  discovered  by  him  to  have  been  unas- 
sessed for  any  year  or  years,  said  appointee  or  employee  who  is  simply  an  agent 
of  the  City  may  be  removed  or  discharged  by  the  Commissioner  of  Public 
Finance  with  or  without  cause  after  ten  (10)  days  notice  to  said  agent  of  his  inten- 
tion so  to  do,  and  after  said  removal  the  Commissioner  of  Finance  may  employ 
some  other  suitable  person  in  His  stead  to  act  in  the  same  capacity.  The  compensa- 
tion of  said  agent  or  employee  shall  be  33  1-2  per  cent,  of  the  net  amount  of  the 
taxes  collected  on  the  assessment  or  assessments  of  the  property  omitted  from 
the  tax  lists.  Said  compensation  shall  be  deducted  by  the  Auditor  from 
the  face  of  the  tax  bill,  and  the  same  shall  be  paid  to  the  appointee  or  employee 
at  the  time  the  money  is  collected  and  remainder  of  66  2-3  per  cent,  of  the  taxes 
collected  shall  be  credited  to  the  account  of  the  city  fees  as  required  by  law. 
Before  said  deduction  is  made,  said  deduction  shall  be  submitted  to  the  Com- 
missioner of  Finance  for  his  approval,  and  no  payment  shall  be  made  without  the 
written  approval  of  the  Commissioner  of  Finance. 

Sec.  424.  City  Attorney.  Beginning  with  the  term  January  1st,  1916, 
the  salary  of  the  City  Attorney  shall  be  six  hundred  ($600.00)  dollars  per  an- 
num, payable  monthly  as  other  salaries  are  paid. 

Sec.  425.  Assessment  by  Block  Maps.  The  Assessor  of  the  City  of  Lex- 
ington is  hereby  directed  in  all  future  assessments  of  real  property  in  the  City 
of  Lexington,  to  make  the  assessment  of  all  such  property  according  to  the 
block  map  giving  the  block  and  lot  number  of  such  real  property  as  shown  by 
the  block  map  of  the  City  of  Lexington  and  plat  of  such  block  and  lot  numbers 
in  the  Auditor’s  office. 

Sec.  426.  Assessor’s  Salary.  The  salary  of  the  City  Assessor  shall  be 
two  thousand  ($2,000.00)  dollars  per  annum  payable  monthly  as  other  salaries 
are  paid. 

Sec.  427.  City  Depository.  The  City  Depository  of  the  City  of  Lexing- 
ton, Ky.,  as  selected  by  the  City  Treasurer,  is  hereby  required  to  keep  all  monies 
of  the  City  of  Lexington,  Ky.,  deposited  by  the  Treasurer  of  said  City  in  the  fol- 
lowing four  separate  accounts:  General  Fund,’ School  Fund,  Sinking  Fund,  and 
Library  Fund,  and  said  depository  shall  not  pay  any  money  from  the  account  of 
the  city  except  upon  the  warrant  of  the  City  Clerk,  countersigned  by  the  City 
Auditor  and  signed  on  the  margin  thereof  by  the  City  Treasurer.  Said  warrant 
to  show  the  fund  it  is  to  be  paid  from.  The  City  Depository  is  required  to  enter 


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93 


the  names  in  full  on  the  city’s  pass  book  of  all  persons  to  whom  any  monies  are 
paid  upon  the  order  of  the  city.  The  bond  of  the  City  Depository  of  the  City 
of  Lexington,  Ky.,  hereafter  named  by  the  City  Treasurer  is  hereby  fixed  at 
thirty  thousand  ($30,000.00)  dollars  for  the  faithful  care  and  payment  of  all 
funds  intrusted  to  it. 

Sec.  428.  All  checks  given  by  the  City  Treasurer  on  the  City  Depository 
shall  be  written  or  printed  on  the  face  of  the  City  Clerk’s  warrant,  and  shall  be 
signed  by  the  City  Treasurer.  All  warrants  drawn  by  the  City  Clerk  shall  be 
attested  by  the  Auditor. 

Sec.  429.  Block  Map — Engineer’s  Duty.  That  it  shall  be  the  duty  of 
the  City  Engineer  of  the  city,  whenever  any  lot  or  part  of  a lot  of  ground  shown 
on  the  block  map  of  the  city  has  become  the  property  of  any  other  person  or 
persons,  than  the  present  owner  or  owners,  to  note  said  change  of  ownership  on 
said  block  map,  and  also  to  note  all  sub-divisions  that  may  be  made  of  lots  ap- 
pearing on  said  map.  Said  changes  of  ownership  and  sub-divisions  to  be  made 
promptly  as  they  occur. 

Sec.  430.  City  Printing.  The  price  to  be  paid  for  publishing  ordinances, 
resolutions  and  other  official  advertising  of  the  City  in  the  Official  Newspaper, 
beginning  April  1st,  1913,  is  hereby  fixed  at  the  rate  of  twenty-five  (25)  cents 
per  linear  inch,  single  column,  solid  six  (6)  point  type  measurement  for  the 
first  insertion,  and  twenty  (20)  cents  per  linear  inch  for  each  subsequent  in- 
sertion, to  be  paid  monthly  as  other  accounts  are  paid. 

Sec.  431.  Delinquent  Tax  Collector.  It  shall  be  the  duty  of  the  Delin- 
quent Tax  Collector  to  collect  delinquent  tax  bills  for  taxes  due  to  the  City  of  Lex- 
ington when  such  bills  are  placed  in  his  hands  for  collection.  Tax  bills  for  delin- 
quent taxes  on  personal  property  will  be  turned  over  to  the  Delinquent  Tax  Collec- 
tor by  the  Auditor  at  the  time  and  in  the  manner  provided  by  law;  and  the  tax 
bills  for  delinquent  taxes  on  real  estate  will  be  turned  over  to  the  Delinquent  Tax 
Collector  by  the  Auditor  as  soon  as  practicable  after  such  bills  have  been  sold  by 
the  Treasurer  and  purchased  for  the  City.  The  Auditor  will  charge  the  Delin- 
quent Tax  Collector  with  all  tax  bills  turned  over  to  him  for  collection  and  will 
take  his  receipt  therefor.  The  Delinquent  Tax  Collector  will  execute  bond  to  the 
City  in  the  sum  of  five  thousand  ($5,000.00)  dollars  for  the  faithful  performance 
of  his  duties  in  all  respects  with  surety  to  be  approved  by  the  Board  of  Commis- 
sioners. Said  bond  to  contain  all  necessary  provisions  to  require  the  Delinquent 
Tax  Collector  to  account  for,  and  pay  over  to  the  city,  all  money  colleected  by  him 
and  to  secure  the  City  against  any  loss  by  reason  of  any  violation  of  his  duties  by 
said  Tax  Collector  or  failure  to  account  for  any  funds  belonging  to  the  City. 
He  will  make  daily  reports  of  collections  to  the  Auditor  and  turn  over  his  gross 
collections  to  the  City  Treasurer,  taking  duplicate  receipts  therefor,  one  copy  of 
which  he  will  deliver  to  the  Auditor  with  his  daily  settlements,  and  he  will  make 
monthly  settlements  of  his  accounts  with  the  Auditor,  showing  the  amount  of 
money  collected  by  him  and  paid  over  to  the  City  and  the  amount  of  tax  bills 
still  in  his  hands.  As  full  compensation  for  his  services  the  Delinquent  Tax  Col- 
lector will  receive  a Commission  on  all  delinquent  taxes,  collections  made  by  him 
as  follows : On  all  taxes  due  to  the  City  for  the  year  in  which  the  collection  is 
made  and  for  the  preceding  year,  ten  (10)  per  cent  of  the  amount  collected ; on  all 
taxes  due  to  the  City  for  the  second  year  preceding  the  year  in  which  the  collec- 
tion is  made,  fifteen  (15)  per  cent  of  the  amount  collected,  and  on  all  taxes  for  the 
third  year  preceding  the  year  in  which  the  collection  is  made,  and  all  previous 
years,  twenty  (20)  per  cent  of  the  amount  collected.  The  claim  of  the  Delinquent 
Tax  Collector  for  commissions  due  him  each  month  will  be  placed  on  the  class- 
ified list  to  be  audited  and  paid  in  the  same  way  as  salaries  are  paid  by  the 
City. 


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Sec.  432.  Jailer  and  Assistant.  The  City  Jailer  shall  reside  at  the  work- 
house  property,  known  as  Spring  Hill  Farm,  containing  about  fifteen  (15)  acres, 
and  he  shall  have  charge  or  control  of  the  prison  or  jail,  the  dwelling  house  or 
dwelling  house  and  buildings  on  the  property,  and  of  all  personal  or  movable 
property  on  said  place  belonging  to  the  city.  He  shall  see  that  all  of  said  prem- 
ises, buildings  and  other  property  are  kept  in  good  repair.  He  shall  superintend 
and  direct  the  cultivation  of  that  part  of  the  land  used  for  tillage  and  employ 
as  many  prisoners  as  may  be  required  in  cultivating  the  soil  and  for  domestic 
labor.  All  products  are  to  belong  to  the  city  except  those  consumed  by  the 
Jailer  and  his  family. 

Sec.  433.  The  City  Jailer  shall  have  special  charge  of  the  City  Prison  or 
Jail  during  the  year  for  which  he  is  elected  and  shall  receive  and  keep  all  persons 
in  said  jail  who  are  lawfully  committed  thereto  until  they  are  lawfully  discharged. 
The  prisoners  being  confined  at  hard  labor  as  a punishment  for  offenses  of  which 
they  have  been  convicted  shall  not,  during  their  term  of  confinement,  be  subject 
to  harsh  and  cruel  treatment,  and  said  Jailer  shall,  at  all  times,  during  the  hours 
of  labor,  surrender  and  deliver  the  persons  confined  in  the  jail  to  such  persons 
and  at  such  times  as  the  Mayor  may  direct  for  the  purpose  of  labor  or  other 
services,  and  shall  again  receive  and  commit  them  when  returned  to  him  by 
such  person  or  persons. 

Sec.  434.  The  Jailer  shall,  under  the  direction  of  the  Mayor,  furnish  all 
persons  in  the  jail  with  plain,  wholesome  and  properly  cooked  provisions,  com- 
fortable bedding  and,  in  proper  cases,  suitable  clothing  to  be  paid  for  by  the 
city.  He  shall  have  the  jail  kept  clean,  well  aired  and  ventilated  and  properly 
heated.  He  shall  attend  diligently  to  the  interest  of  the  city,  and  see  that  all 
property  committed  to  his  charge  is  properly  cared  and  accounted  for. 

Sec.  435.  The  City  Jailer  shall  keep  an  official  register  in  which  shall  be 
recorded  the  names  of  all  persons  committed  to  his  keeping,  showing  the  date 
of  commitment,  the  length  of  time  for  which  the  party  is  committed,  and  the 
date  of  discharge,  pardon  or  escape.  The  register  shall  be  a public  record  and 
open  for  the  public  inspection  during  business  hours.  The  Jailer  shall,  on  the 
first  day  of  each  week,  make  a written  report  to  the  Mayor,  showing  the  number 
of  persons  committed,  the  number  discharged,  pardoned  or  escaped,  during  the 
preceding  week,  also  a complete  list  of  persons  remaining  in  prison,  with  the 
unexpired  term  of  committment  of  each,  and  such  information  as  the  Mayor 
may  require. 

Sec.  436.  Before  entering  on  the  discharge  of  the  duties  of  his  office,  the 
Jailer  shall,  in  addition  to  the  oath  prescribed  by  the  Constitution,  be  sworn  to 
diligently  and  impartially  perform  his  duties,  and  shall  execute  a bond  to  the 
City  of  Lexington,  as  provided  for  in  Sec.  454  post,  conditioned  upon  the  faithful 
discharge  of  the  duties  of  his  office,  and  for  an  honest  and  faithful  use  of  and  ac- 
counting for  all  the  supplies  and  materials  placed  in  his  custody  or  the  use  of 
prisoners. 

Sec.  437.  Each  Jailer  when  he  gives  up  his  office,  shall  deliver  to  his 
successor  the  custody  of  the  jail,  with  its  keys  and  appurtenances,  and  the  per- 
sons confined  therein,  with  all  warrants,  mittimuses,  and  other  official  papers,  by 
which  prisoners  shall  have  been  committed  to  his  custody,  or  by  which  they  have 
been  liberated  therefrom,  also  all  property  of  every  kind  and  description  that 
may  be  in  his  charge  belonging  to  the  city.  A full  and  complete  memorandum 
of  the  persons,  papers  and  property  signed  by  both  the  old  and  new  Jailer,  shall 
be  recorded  in  full  in  the  official  register  of  the  Jail. 


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OFFICERS  AND  EMPLOYEES. 


95 


Sec.  438.  Assistant  Jailer.  There  is  hereby  created  the  office  of  Assistant 
City  Jailer  whose  duty  it  shall  be  to  assist  the  City  Jailer  in  the  performance  of 
all  duties  required  of  him  by  law. 

Sec.  439.  The  Assistant  City  Jailer  shall  be  appointed  by  the  City  Jailer 
during  the  month  of  January  and  shall  hold  his  office  for  a term  of  one  (1)  year 
or  until  his  successor  is  appointed.  (But  see  Com.  Public  Safety.) 

Sec.  440.  In  addition  to  the  duties  now  prescribed  by  law  for  the  City 
Jailer  and  the  Assistant  City  Jailer  it  shall  be  the  duty  of  said  officer  to  conduct 
all  able-bodied  male  prisoners  confined  in  the  city  Jail  to  the  quarry  on  the  jail 
premises,  and  then  require  them  to  work  under  their  supervision  and  in  their 
cusody  for  at  least  eight  (8)  hours  each  day,  (Sunday  excluded)  in  quarrying, 
crushing  and  removing  stone.  At  the  close  of  each  day's  work  said  prisoners 
■shall  be  returned  by  said  officer  to  said  City  Jail. 

Sec.  441.  Meter  Inspector.  The  office  of  inspector  of  Electric,  Gas  and 
Water  Meters  is  hereby  created  and  established.  Said  Inspector  shall  hold  a 
certificate  as  to  his  compentency  from  a technical  institute  or  college  and  shall 
be  appointed  by  the  Mayor,  subject  to  the  approval  of  the  Board  of  Commission- 
ers. The  first  term  of  said  office  shall  be  for  the  period  only  up  to  and  including 
December  1st,  1912.  Thereafter  the  term  shall  be  for  one  (1)  year,  beginning  on 
the  first  day  of  January  each  year. 

Sec.  442.  It  shall  be  the  duty  of  said  Inspector  to  test  the  pressure  heat 
units  and  illuminating  qualities  of  the  natural  gas  furnished  by  the  Central 
Kentucky  Natural  Gas  Company,  or  its  successors,  or  any  other  company,  to 
consumers  thereof  in  the  City  of  Lexington  as  often  as  he  shall  find  necessary, 
or  as  may  be  required  by  the  Mayor  or  the  Joint  Light  and  Water  Committee. 
The  results  of  any  and  all  tests  shall  be  reported  to  the  Board  of  Commissioners 
monthly,  and  shall  be  entered  upon  a record  book  kept  in  the  office  of  said 
Inspector  for  said  purpose,  which  record  shall  be  open  at  all  times  to  the  public 
Inspection. 

Sec.  443.  Upon  written  application  of  any  consumer  of  gas,  water  or 
electric  current,  made  to  said  inspector  and  accompanied  by  a proper  fee,  the 
Inspector  shall  inspect  and  determine  the  correctness  of  any  meter  designated  in 
such  application,  and  said  inspection  or  re-inspection  shall  be  stamped  on  said 
meter.  The  fees  shall  be  as  follows : — For  Water  Inspection  a fee  of  twenty-five 
{25)  cents  will  be  charged  for  each  water  meter  inspected. 

For  Gas  Inspection,  an  inspection  fee  of  twenty-five  (25)  cents,  and  an 
amount  to  be  determined  by  the  inspector  to  cover  the  expense  of  removing  said 
meter  for  the  purpose  of  making  test  for  inspection. 

For  Electric  Meters. — 1 10-220  volt  A.C.  or  D.C. ; For  a meter  of  a capacity 
of  ten  (10)  amperes  or  less,  one  ($1.00)  dollar;  more  than  ten  (10)  amperes  and 
not  more  than  fifteen  (15)  amperes,  one  dollar  and  ($1.25)  twenty-five  cents  ; 
more  than  fifteen  (15)  amperes  and  not  more  than  twenty-five  (25)  amperes, 
one  dollar  ($1.50)  and  fifty  cents;  more  than  twenty-five  (25)  amperes 
and  not  more  than  fifty  (50)  amperes,  two  ($2.00)  dollars ; more  than  fifty  (50) 
amperes  and  not  more  than  one  hundred  (100)  amperes,  two  dollars  ($2.50)  and 
fifty  (50)  cents;  more  than  one  hundred  (100)  amperes  and  not  more  than  one 
"hundred  and  fifty  (150)  amperes,  three  ($3.00)  dollars.  For  all  meters  more 
than  one  hundred  and  fifty  (150)  amperes,  four  ($4.00)  dollars. 

500  volt  direct  current  meters : — For  a capacity  of  five  (5)  amperes  and 
less,  one  dollar  ($1.50)  and  fifty  cents;  for  more  than  five  (5)  amperes  and 
not  more  than  fifteen  (15)  amperes,  two  ($2.00)  dollars;  for  more  than  fifteen 


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(15)  amperes  and  not  more  than  twenty-five  (25)  amperes,  two  ($2.50)  dollars 
and  fifty  cents;  for  a meter  of  a capacity  of  more  than  twenty-five  (25)  amperes, 
three  ($3.00)  dollars. 

Sec.  444.  The  fees  so  deposited  shall  be  paid  into  the  City  Treasury, 
to  the  credit  of  the  General  Fund;  provided,  that  if  the  meter  so  examined  be 
found  incorrect  no  fees  or  expenses  shall  be  finally  paid  by  the  consumer,  and 
the  fees  deposited  shall  be  refunded,  and  the  company  shall  furnish  a new  meter 
without  charge  to  the  consumer  and  pay  into  the  City  Treasury  an  amount  to 
cover  the  expenses  of  removing  and  testing  said  meter ; provided,  further  that  if 
it  be  necessary  after  the  inspection  of  such  meter  to  remove  and  discontinue  the 
same,  the  company  owning  such  meter  shall  immediately  supply  such  consumer 
with  another  'meter  for  use  during  the  time  required  for  such  inspection. 

Sec.  445.  Any  meter  shall  be  deemed  correct  for  the  purpose  of  this 
ordinance  if  it  shall  prove  from  such  inspection  or  test  of  any  gas  meter,  that 
it  does  not  vary  more  than  two  (2)  per  cent,  from  the  standard  prescribed  by  the 
Board  of  Gas  and  Electric  Light  Commissioners  of  the  State  of  Massachusetts ; 
and  if  it  shall  prove  from  the  inspection  or  test  of  any  electric  meter  that  the 
same  does  not  vary  more  than  five  (5)  per  cent,  from  the  standard  approved 
by  the  aforesaid  Board  of  Gas  and  Electric  Light  Commissioners  of  the  State 
of  Massachusetts. 

Sec.  446.  Said  Inspector  shall  also  inspect  the  lights  furnished  the  City 
under  contract  by  the  Lexington  Utilities  Company,  and  pass  on  the  correctness 
of  all  accounts  rendered  the  City  by  said  Company. 

Sec.  447.  The  voltage  of  the  direct  current  motor  circuits  shall  vary  not 
more  than  seven  (7)  per  cent,  from  525  volts.  Tests  of  the  voltage  of  this 
circuit  shall  be  made  at  such  times  and  locations  as  may  be  deemed  proper  by 
the  inspector. 

Sec.  448.  Supervising  Engineer.  There  is  hereby  created  the  position 
of  Supervising  Engineer  of  the  City  of  Lexington.  Said  Engineer  shall  have 
general  supervision  of  all  work  done  in  construction  of  sidewalks,  streets,  sewers 
and  sewage  disposal  plant,  and  other  public  work.  Said  Supervising  Engineer 
shall  be  paid  the  sum  of  two  hundred  and  fifty  ($250.00)  dollars  per  month, 
payable  monthly  as  other  salaries  are  paid. 

Sec.  449.  Pound  Keeper.  There  is  hereby  established  and  created  in  the 
City  of  Lexington  a public  pound,  and  it  shall  be  the  duty  of  any  policeman  who 
shall  find  any  cattle,  cows,  hogs,  goats  or  other  animals,  running  at  large  or 
straying  upon  the  premises  of  another,  in  the  City  of  Lexington,  to  take  the 
same  into  possession  and  confine  said  animals  in  the  pound,  taking  the  receipt 
of  the  pound-keeper  for  the  same. 

Sec.  450.  The  Mayor  shall,  during  the  month  of  January,  each  year,  enter 
into  a contract  with  some  responsible  person  to  perform  the  duty  of  pound- 
keeper  for  one  (1)  year,  as  hereinafter  set  out;  but  the  Mayor  shall  have  no 
authority  to  bind  the  city  for  any  more  compensation  for  the  pound-keeper  than 
the  fee  authorized  by  this  ordinance  for  the  keep  and  feed  of  the  animals  im- 
pounded. The  pound-keeper  shall  give  a bond  in  the  penal  sum  of  five  hundred 
($500.00)  dollars  for  the  faithful  performance  of  his  contract  with  the  City. 

Sec.  451.  The  pound  keeper  shall  feed,  water  and  properly  care  for  all 
animals  committed  to  the  pound,  and  for  his  said  services  shall  receive  the  sum 
of  fifty  (50)  cents  per  day  for  each  animal  so  cared  for,  and  the  owner  or  the 
lawful  claimant  of  such  animal  shall  pay  such  charges  to  the  pound  keeper 
before  he  shall  deliver  any  animal  to  such  owner  or  claimant,  and,  upon  a refusal 


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to  pay  such  charges,  the  pound  keeper  shall  advertise  and  sell  said  animal  at 
public  auction  after  five  (5)  days  advertisement  in  the  official  newspaper  of  the 
city,  and,  after  deducting  his  fees  for  feeding,  watering  and  keeping  said  animal 
and  the  cost  of  advertising  from  the  proceeds  of  the  sale,  shall  pay  the  remainder 
to  owner  of  said  animal,  or  if  said  owner  shall  refuse  to  receive  the  same,  the 
pound  keeper  shall  deposit  the  same  to  the  credit  of  such  owner  in  the  bank  des- 
ignated by  law  as  the  City  Depository ; provided,  that  is  no  case  shall  the  cost  of 
advertisement  and  sale  of  said  animal  exceed  three  ($3.00)  dollars. 

Sec.  452.  If  any  animal  delivered  to  the  pound  keeper  by  a policeman  or 
other  person  shall  not  be  called  for  and  claimed  within  five  (5)  days  from  the 
receipt  of  same,  it  shall  be  the  duty  of  the  pound  keeper  to  advertise  and  sell 
said  animal  and  dispose  of  the  proceeds  of  said  sale  as  set  out  in  the  preceding 
section. 

Sec.  453.  Any  person  who  shall  take  up  or  confine,  or  cause  to  be  con- 
fined in  any  stable,  lot  or  other  place,  any  animal  found  trespassing  or  running  at 
large,  in  the  city  shall  be  fined  fifteen  ($15.00)  dollars  for  each  offense,  and  it  is 
hereby  made  the  duty  of  the  pound  keeper  to  receive,  feed,  water  and  care  for 
any  animal  brought  to  the  pound  by  any  citizen  who  shall  find  such  animal 
running  at  large  or  straying  upon  the  premises  of  another  than  the  owner  or 
bailee  of  said  animal. 

Sec.  454.  Official  Bonds.  The  following  agents  and  employes  of  the 
City  shall  give  a bond  to  the  City  of  Lexington  with  some  reliable  guaranty 
company  as  surety  for  the  amounts  set  opposite  their  respective  positions,  for 
the  faithful  discharge  of  the  duties  of  their  position  as  required  by  Charter 
(Act  of  March  19,  1894),  and  ordinances  governing  and  relating  to  said  positions. 


ASSESSOR  , $ 5,000.00 

AUDITOR  . . - 5,000.00 

ENGINEER 5,000.00 

JAILER  3,000.00 

DELINQUENT  TAX  COLLECTOR 5,000.00 

LICENSE  INSPECTOR  2,000.00 

TREASURER 30,000.00 


Sec.  455.  Public  Library.  The  persons  who  composed  the  Board  of 
Trustees  of  the  Public  Library  of  the  City  of  Lexington  on  December  31st,  1913, 
are  hereby  appointed  and  designated  as  agents  of  the  City  of  Lexington  for  the 
purpose  of  managing  and  controlling  the  Public  Library  of  the  City  of  Lexington. 

Sec.  456.  Persons  composing  said  Board  of  Trustees  as  provided  in 
section  455,  and  their  successors,  shall,  as  agents  of  the  City  of  Lexington,  have 
full  charge,  control  and  management  of  the  Public  Library,  and  said  persons  are, 
as  far  as  the  Board  of  Commissioners  has  power  to  grant  to  them,  hereby  vested 
with  all  the  rights,  power  and  authority  vested  by  law  in  Boards  of  Trustees  of 
Public  Libraries  in  Cities  of  the  Second  Class. 

Sec.  457.  If  at  any  time  one  of  the  persons  constituting  said  Board  of 
Trustees  shall  be  unable  to,  or  shall  fail  to  perform  his  duties  as  a member 
thereof,  the  Board  of  Commissioners  shall  appoint  another  person  in  his  place; 
and  the  Board  of  Commissioners  reserves  to  itself  the  right  at  all  times  to 
appoint  other  persons  as  members  of  said  Board  in  place  of  those  appointed  by 
this  ordinance  or  who  may  hereafter  he  appointed  by  the  Board  of  Commissioners. 


i 


98  OFFICERS  AND  EMPLOYEES  Ch.  10 

CHAPTER  10.  ARTICLE  111. 

OFFIGERS  AND  EMPLOYEES 

POLICE  AND  FIREMEN. 

Sec.  458.  Police  Department.  The  positions  of  employment  in  the  Po- 
lice Department  of  the  City  of  Lexington,  the  number  of  employes  thereof  and 
their  respective  salaries  are  prescribed,  designated  and  fixed  as  follows : 


Month 

One  Chief  $166.66% 

One  Assistant  Chief 150.00 

Two  Captains,  each 1 10.00 

One  Lieutenant 100.00 

Two  Sergeants,  each  83.33% 

Four  Detectives,  each  83.33% 

Thirty  three  patrolmen,  with  salaries  as  follows : 

Patrolmen  of  Grade  A,  each 80.00 

Patrolmen  of  Grade  B,  each 75*°° 

Patrolmen  of  Grade  C,  each 70.00 

Patrolmen  of  Grade  D,  each 60.00 

One  Ambulance  Driver  70.00 

One  Janitor  50.00 


Two  machinists,  who  shall  also  perform  the  duties  of  patrolmen,  each . . 80.00 

One  Police  Court  and  Department  Clerk,  whose  salary  shall  be  $100.00  per 
month,  until  July  1st,  1914,  and  thereafter  $75.00. 

The  above  salaries  shall  be  paid  monthly  as  other  City  salaries  and 
accounts  are  now  paid. 

Sec.  459.  Graded.  In  order  to  secure  efficiency  in  performance  of  duty 
by  patrolmen  and  to  provide  incentive  and  reward  for  faithful  and  efficient  ser- 
vice by  them,  they  are  classified  and  graded  as  follows : 

1.  Patrolmen  of  Grade  A,  consisting  of  men  who  have  served  five  (5) 
years  or  more  with  good  record,  and  machinists  with  or  without  five  (5)  years 
service. 

2.  Patrolmen  of  Grade  B,  consisting  of  men  who  have  served  three  (3) 
years  and  less  than  five  (5)  years  with  good  record. 

3.  Patrolmen  of  Grade  C,  consisting  of  men  who  have  served  one  (1) 
year  and  less  than  three  (3)  years  with  good  record  and  the  present  substitutes 
of  the  Police  force. 

4.  Patrolmen  of  Grade  D,  consisting  of  patrolmen  not  included  in  Grades 
A,  B or  C. 

Sec.  460.  Past  service  of  members  of  the  present  police  force  shall  be 
estimated  in  fixing  their  grades.  Those  who  have  previously  served  on  the 
police  force  or  in  the  fire  department  intermittently  shall  be  allowed  one-half 
04)  of  previous  time  in  determining  their  grades.  Any  patrolman  who  remains 
in  Class  D for  two  (2)  years  shall  be  dismissed  from  the  service. 

Sec.  461.  Merit  System  Established.  In  order  to  establish  more  fully 
the  merit  system  there  shall  be  kept  by  the  Chief  of  Police  a record  upon  which 
patrolmen  shall  be  credited  with  merits  and  charged  with  demerits  in  the  follow- 
ing manner: 

The  Board  of  Commissioners  may  by  majority  vote  allow  any  number  of 
merits  to  a patrolman  in  cases  of  exceptional  and  meritorious  conduct  in  the 
performance  of  duty. 


Ch.  io 


OFFICERS  AND  EMPLOYEES. 


99 


Demerits  to  be  determined  by  the  Commissioner  of  Public  Safety  upon 
complaint  of  the  Chief  of  Police  or  upon  other  information,  shall  be  charged 
against  patrolmen  as  follows  for  any  of  the  following  causes  occurring  or 


existing  after  January  ist,  1914:- 

Disobedience  of  orders 2 demerits. 

Violation  of  any  rule  of  the  department 1 demerit. 

For  drinking  intoxicating  liquor  while  in  uniform 2 demerits. 

For  being  intoxicated  while  on  duty 5 demerits. 

For  being  intoxicated  while  off  duty 3 demerits. 

Insubordination  or  disrespect  towards  superior  officer 1 demerit. 

Oppression  or  tyranny 1 demerit. 

Neglect  of  duty 2 demerits. 

Any  offense  against  the  law • 2 demerits. 

Absence  from  duty  without  leave  2 demerits. 

Immoral  conduct  2 demerits. 

Conduct  unbecoming  to  an  officer 2 demerits. 

Conduct  injurious  to  public  peace  or  welfare 2 demerits. 

Unnecessary  absence  from  his  route  during  tour  of  patrol  duty  ....  2 demerits. 

Incapacity,  mental,  physical  or  educational 5 demerits. 

Breach  of  dicsipline 1 demerit. 

Neglecting  or  refusing  to  pay  a debt  for  uniform  clothing,  or  for  rent, 

or  the  necessaries  of  life 2 demerits. 

Contracting  a debt  under  false  or  fraudulent  pretenses 2 demerits. 

Neglecting  or  refusing  to  pay  just  debts 2 demerits. 

Entering  houses  of  prostitution  and  assignation,  saloons  or  sporting 

houses  of  any  description,  unless  in  the  discharge  of  his  duty  ...  2 demerits. 
Communicating  information  relating  to  police  work  without  permis- 
sion   2 demerits. 

Sitting  down  while  on  patrol  duty 1 demerit. 

Conversing  during  the  tour  of  patrol  duty  with  others  without  cause 

therefor 1 demerit. 

Not  patroling,  or  not  properly  patroling  his  route  during  his  tour  of 

patrol  duty 2 demerits. 

Failing  to  detect  a crime  committed  on  his  route  during  his  tour  of 

patrol  duty 1 demerit. 


Sec.  462.  Each  merit  shall  be  equivalent  to  one  year  of  service  in  de- 
termining the  grade  of  a patrolman.  Each  demerit  shall  be  equivalent  to  taking 
off  one  year  of  service  in  determining  the  grade  of  a patrolman.  Whenever  a 
patrolman  is  credited  with  merits  or  charged  with  demerits  as  provided  in  this 
ordinance  his  grade  as  patrolman  shall  thereupon  be  automatically  advanced  or 
reduced  in  accordance  with  the  scale  provided  in  this  ordinance : Provided,  that 
merits  or  demerits  occurring  in  one  year  shall  not  be  considered  in  any  other 
year.  Whenever  a patrolman  receives  sufficient  demerits  to  drop  him  below  the 
grade  of  D,  he  shall  be  dismissed  from  the  service,  and  if  any  patrolman  of  any 
grade  shall  have  5 demerits  against  him  in  any  one  year,  he  shall  be  dismissed 
from  the  service.  Machinists  may  be  reduced  in  grade  the  same  as  patrolmen 
and  when  reduced,  shall  be  subject  to  the  same  rules  as  patrolmen  with  reference 
to  promotion  or  further  reduction. 

Sec.  463.  Promotions  to  and  reductions  from  positions  of  higher  grade 
than  patrolmen  will  be  made  upon  consideration  of  merit  and  efficiency  by  the 
Board  of  Commissioners  upon  recommendation  of  the  Commissioner  of  Public 
Safety.  Promotion  from  patrolmen  to  higher  grades  will  be  made  from  patrol- 
men of  grade  A. 


100 


OFFICERS  AND  EMPLOYEES. 


Ch.  io 


Sec.  464.  Fire  Department.  The  positions  of  employment  in  the  Fire 
Department  of  the  City,  the  number  of  employes  therefor  and  their  respective 
salaries  are  prescribed,  designated  and  fixed  as  follows : 

Per  month. 


One  Chief $166.66 

One  Assistant  Chief  1 10.00 

One  Fire  Inspector  and  Captain 1 10.00 

Three  Captains,  each 90.00 

One  First  Class  Machinist 100.00 

Two  Second  Class  Machinists,  each  91.66 

Twenty-seven  firemen  with  salaries  as  follows : 

Firemen  of  Grade  A 80.00 

Firemen  of  Grade  B 75 .00 

Firemen  of  Grade  C 70.00 

Firemen  of  Grade  D 60.00 


The  above  salaries  shall  be  paid  monthly  as  other  City  salaries  and 
accounts  are  now  paid. 

Sec.  465.  The  duties  of  the  Fire  Inspector  shall  be  to  inspect  all  build- 
ings within  the  fire  limits  of  the  City  of  Lexington  and  to  require  the  occupant 
thereof  to  remove  any  and  all  trash  or  material,  which,  in  his  opinion,  shall  be 
dangerous  on  account  of  fire.  Said  Inspector  shall  have  the  right  to  enter  all 
buildings  or  premises  at  reasonable  times,  for  the  purpose  of  inspection,  and  if 
he  discovers  any  trash  or  material,  which  in  his  judgment  should  be  removed, 
he  should  give  a notice  in  writing  to  the  occupant  or  tenant  of  said  building  to 
remove  the  same  within  ten  (10)  days  after  said  notice,  and  if  such  occupant  or 
tenant  refuses  to  comply  with  said  notice,  said  Inspector  shall  cause  him  to  be 
brought  before  the  Police  Court  of  the  City  of  Lexington  by  warrant,  and  fined 
not  less  than  five  ($5.00)  dollars  nor  more  than  twenty-five  ($25.00)  dollars 
for  such  refusal. 

Sec.  466.  Graded.  In  order  to  secure  efficiency  in  performance  of  duty 
by  firemen  and  to  provide  incentive  and  reward  for  faithful  and  efficient  service 
by  them,  they  are  classified  as  follows : 

1.  Firemen  of  Grade  A. 

2.  Firemen  of  Grade  B. 

3.  Firemen  of  Grade  C. 

4.  Firemen  of  Grade  D. 

Sec.  467.  Men  now  in  the  service  of  the  City  as  firemen,  including  the 
present  substitutes,  shall  be  graded  according  to  their  present  efficiency  and 
their  past  conduct  and  faithfulness,  by  the  Board  of  Commissioners  upon  the 
best  information  obtainable  by  the  Board,  the  action  of  the  Board  to  be  made 
a matter  of  record  on  the  journal  of  its  proceedings.  Appointments  made  here- 
after shall  be  made  to  Class  D.  Promotions  of  men  with  good  record  shall  be 
made  by  the  Commissioner  of  Public  Safety  upon  the  recommendation  of  the 
Chief,  as  follows : 

From  Class  D to  Class  C,  after  one  (1)  year’s  service  with  good  record. 

From  Class  C to  Class  B,  after i.three  (3)  year’s  service  with  good  record. 

From  Class  B to  Class  A,  after  five  (5)  year’s  service  with  good  record. 

Sec.  468.  Men  who  have  previously  served  in  the  Police  or  Fire  De- 
partment of  the  City  with  good  record  and  who  are  reappointed,  shall  be  given 
credit  for  one-half  (%)  of  old  service  in  determining  their  Grade.  In  exceptional 
cases  of  meritorious  conduct  the  Board  of  Commissioners  may,  by  majority  vote, 
promote  a man  from  one  class  to  any  other  class. 


Ch.  io 


OFFICERS  AND  EMPLOYEES. 


IOI 


Sec.  469.  Merit  System  Established.  In  order  to  more  fully  establish 
the  merit  system  there  shall  be  kept  by  the  Chief  of  the  Fire  Department  a 
record  upon  which  Firemen  shall  be  charged  with  demerits,  to  be  determined 
by  the  Commissioner  of  Public  Safety  upon  complaint  of  the  Chief  of  the  Fire 
Department  or  upon  other  information,  as  follows  for  any  of  the  causes  set  out 


in  this  section  occurring  or  existing  since  January  1st,  1914: 

1.  Drinking  intoxicating  liquors  while  on  duty  or  in  uniform  ....  2 demerits. 

2.  Being  intoxicated  while  on  duty 5 demerits. 

3.  Being  intoxicated  while  off  duty 3 demerits. 

4.  Willful  disobedience  of  orders 2 demerits. 

5.  Indecent,  profane  or  obscene  language  used  while  on  duty  or  in 

or  around  his  post  of  duty 1 demerit. 

6.  Disrespect  to  a superior  2 demerits. 

7.  Neglect  in  paying  his  just  debts  for  necessaries  contracted  while 

in  the  employ  of  the  City 2 demerits. 

8.  For  immorality,  indecency  or  lewdness 2 demerits. 

9.  For  absence  from  duty  without  leave  of  the  Commissioner  of 

Public  Safety  or  Chief  of  the  Fire  Department 2 demerits. 

10.  For  inefficiency,  lack  of  energy  or  incompetency  either  mental 

or  physical  5 demerits. 

11.  For  a violation  of  any  other  rule  or  regulation  prescribed  in 

rule  book  1 demerit. 


Two  (2)  demerits  charged  against  a Grade  A or  Grade  B man  in  any  one 
(1)  year  shall  reduce  him  one  (1)  grade. 

One  (1)  demerit  against  a Grade  C man  shall  reduce  him  to  Grade  D. 

Two  (2)  demerits  against  a Grade  D man  in  one  (1)  year  shall  be  cause 
for  dismissing  him  from  the  service. 

Five  (5)  demerits  against  a man  in  any  grade  in  one  (1)  year  shall  be 
cause  for  dismissing  him  from  the  service. 

Any  man  who  serves  in  Grade  D for  two  (2)  years  without  promotion 
shall  be  dismissed  from  the  service. 

When  a man  is  reduced  from  one  grade  to  a lower  grade  by  demerits,  his 
standing  shall  be  the  same  as  when  he  first  entered  the  latter  grade. 

Sec.  470.  Promotions  to  and  reductions  from  positions  of  employment  in 
the  Fire  Department  of  higher  grade  than  firemen  will  be  made  upon  considera- 
tions of  merit  and  efficiency  by  the  Board  of  Commissioners,  upon  recommenda- 
tion of  the  Commissioner  of  Public  Safety.  Promotions  from  firemen  to  higher 
grades  will  be  made  from  firemen  of  Grade  A. 

Sec.  471.  Appointments  and  Dismissals.  All  new  appointments  to  the 
Police  and  Fire  Departments  shall  be  made  by  the  Board  of  Commissioners  or 
by  the  Commissioner  of  Public  Safety  with  the  approval  of  the  Board.  All 
dismissals  from  said  departments  shall  be  made  by  the  Board  of  Commissioners 
after  due  notice  and  hearing.  Any  patrolman  or  fireman  may  be  dismissed  for 
demerits  as  provided  in  this  ordinance,  and  any  other  employes  of  said  police  or 
fire  departments  may  be  dismissed  by  the  Board  for  any  cause  which  would 
authorize  the  dismissal  of  a Grade  A man  in  their  respective  departments. 

Sec.  472.  Each  employe  provided  for  in  this  ordinance  shall  perform 
the  duties  usually  and  customarily  incident  to  and  pertaining  to  his  position 
of  employment  or  which  may  be  prescribed  by  law  or  ordinance,  or  which  may 
be  assigned  to  and  required  of  him  by  his  superior  officers  or  by  the  Board  of 
Commissioners  of  the  City. 


102 


OFFICERS  AND  EMPLOYEES. 


Ch.  io 


Sec.  473.  The  provisions  of  this  ordinance  with  reference  to  the  com- 
pensation of  the  employes  provided  for  herein  shall  relate  back  to  April  1st,  1914, 
and  the  compensation  of  all  persons  who  have  performed  services  for  the  City 
since  said  time  in  any  of  the  positions  provided  for  in  this  ordinance  is  hereby 
fixed  at,  and  such  persons  shall  be  paid  for  such  services,  the  compensation  pro- 
vided for  in  this  ordinance  for  their  respective  positions  and  grades. 

Sec.  474.  Police  and  Detective  Force.  All  members  of  the  Police  and 
Detective  Force  of  the  City  of  Lexington,  Ky.,  and  all  members  thereof  who  may 
hereafter  be  appointed,  shall  hold  their  respective  appointments  for  and  during 
good  behavior. 

Sec.  475.  The  Board  of  Commissioners  shall  require  all  applicants  for 
appointment  as  members  of  said  Police  or  Detective  Force,  to  stand  an  examina- 
tion as  to  his  qualifications  to  fill  the  office  of  policeman  or  detective,  and  to  his 
knowledge  of  the  English  language,  and  as  to  the  law  and  rules  governing  the 
duties  of  policemen  or  detectives,  and  each  member  or  officer  of  the  police  or 
detective  force  shall  be  a qualified  voter  of  the  City,  and  able  to  read  and  write 
the  English  language,  understanding  it,  and  otherwise  comply  with  such  qualifica- 
tions as  may  be  prescribed.  No  person  shall  be  appointed  a member  or  officer 
of  the  police  or  detective  force  unless  he  is  well  known  to  be  a man  of  sobriety 
and  integrity,  and  has  been,  and  is,  an  orderly  law  abiding  citizen,  nor  shall  any 
person  be  appointed  a member  or  officer  of  said  force  on  account  of  any  political 
sentiment  or  affiliations,  nor  shall  any  officer  or  member  of  said  force  be  removed 
or  discharged  or  reduced  in  grade,  or  in  pay,  for  any  political  partisan  opinion. 
Appointments  and  continuance  upon  the  police  or  detective  force  shall  depend 
solely  upon  their  ability  and  willingness  to  enforce  the  law,  and  comply  with 
the  rules  of  the  police  department. 

Sec.  476.  No  member  or  officer  of  the  police  or  detective  force  shall  be 
removed  from  the  force,  reduced  in  grade  or  pay,  upon  any  reason  except,  in- 
efficiency, misconduct,  insubordination,  or  violation  of  law  or  rules  adopted  by 
the  Board  of  Commissioners.  Any  person  may  present  charges  against  an 
officer  or  member  of  the  police  or  detective  force,  which  must  be  filed  in  the 
office  of  the  Commissioner  of  Public  Safety  who  shall  thereupon  communicate 
said  charges  without  delay  to  the  other  Commissioners.  Said  charges  must  be 
written,  signed  by  the  person  making  said  charges,  and  must  set  out  with  clear- 
ness and  distinctness  each  and  every  charge.  It  shall  be  the  duty  of  the  Com- 
missioner of  Public  Safety,  whenever  probable  cause  appears,  to  prefer  charges 
against  any  member  of  the  police  or  detective  force,  whom  be  believes  to  have 
been  guilty  of  any  conduct  justifying  his  removal,  or  punishment,  in  the  interest 
of  the  public  order.  The  charges  'filed  by  the  Commissioner  of  Public  Safety 
shall  be  written  and  set  out  with  distinctness  and  clearness  the  charges  made, 
and  upon  the  hearing  of  any  charge,  as  hereinafter  provided,  all  said  charges 
shall  be  considered  as  traversed,  and  put  in  issue,  and  the  trial  shall  be  confined 
to  these  issues  so  presented.  All  charges  against  members  or  officers  of  the 
police  or  detective  force  shall  be  forthwith  filed  by  the  Commissioner  of  Public 
Safety  with  the  clerk  of  the  Board  of  Commissioners,  and,  within  three  (3)  days 
after  said  filing,  the  Board  of  Commissioners  shall  proceed  to  hear  and  examine 
said  charges,  provided  two  (2)  days  before  said  hearing  the  officer  or  member  of 
the  police  or  detective  force  accused  has  been  served  with  a copy  of  said  charges, 
and  a statement  of  the  day,  place  and  hour  at  which,  and  when  the  hearing  of 
said  charges  shall  begin.  The  person  accused  may,  however,  in  writing  waive 
the  services  of  said  charges  and  demand  trial  within  three  (3)  days  after  said 
charges  are  filed  with  the  Clerk  of  the  Board  of  Commissioners.  The  Board  of 
Commissioners  shall  summon  and  compel  the  attendance  of  witnesses  at  all 


Ch.  io 


OFFICERS  AND  EMPLOYEES. 


103 


sittings,  or  hearings,  by  said  Board,  upon  subpoena  issued  by  the  Clerk  of  said 
Board  and  served  upon  said  witnesses  by  an  officer  authorized  to  serve  subpoenas 
from  any  Court  of  Justice  in  the  County.  The  officer  or  member  of  the  police 
or  detective  force  accused,  shall  have  the  right  to  have  subpoened  in  his  behalf, 
any  witness  he  may  desire,  upon  furnishing  their  names  to  the  Clerk  of  said 
Board,  and  shall  further  have  the  right  to  appear  in  person  and  by  counsel  at  the 
hearing  of  said  Board,  the  finding  of  said  Board  shall  be  reduced  to  writing  as  a 
judgment,  and  shall  be  entered  in  a book  to  be  kept  for  that  purpose,  and  the 
written  charges  filed  in  the  matter  shall  also  be  recorded  in  full  in  said  book 
immediately  preceding  the  record  of  finding  of  said  Board.  In  cases  where  the 
Commissioner  of  Public  Safety  has  probable  cause  to  believe  that  an  officer  or 
member  of  the  police  or  detective  force  may  be  guilty  of  any  conduct  justifying 
removal  or  punishment,  he  may  suspend  said  officer  or  member  from  duty, 
pending  said  trial,  and  said  officer  or  member  shall  not  be  placed  on  duty,  or 
allowed  pay  thereafter,  until  the  charges  are  heard  by  the  Commissioners. 

Sec.  477.  Punishment.  The  Board  of  Commissioners  shall  fix  the  pun- 
ishment against  an  officer  or  member  of  the  police  or  detective  force,  found 
guilty  of  any  charge  under  this  ordinance  at  a reprimand,  or  at  a fine  not  to 
exceed  one  hundred  ($100.00)  dollars,  or  suspension  at  any  length  of  time  in 
their  judgment,  not  to  exceed  six  (6)  months,  or  by  reducing  the  grade,  if  the 
accused  be  an  officer,  or  by  combining  any  two  (2)  or  more  of  said  punishments, 
or  removal  or  dismissal  from  the  services  of  either  officer  or  member  of  the  force. 
No  officer  or  member  of  the  police  or  detective  force  except  as  provided  in  this 
act,  shall  be  fined,  reprimanded,  removed,  suspended  or  dismissed  from  the  police 
■or  detective  force  until  written  charges  have  been  made  or  preferred  against  him, 
and  trial  had  as  herein  provided. 

Sec.  478.  Any  member  of  the  police  or  detective  department  who  shall 
refuse  to  pay  any  fine  imposed,  or  to  accept  any  punishment  inflicted  by  the 
Board  of  Commissioners,  after  trial  had,  as  above  set  out,  shall  be  guilty  of  in- 
subordination, and  if  found  guilty  by  the  Board  of  Commissioners  after  a trial 
held  in  accordance  with  the  provisions  hereinabove  set  out,  shall  be  peremptorily 
discharged  and  dismissed  from  said  service. 

Sec.  479.  Detectives.  At  no  time  shall  more  than  four  (4)  men  be  as- 
signed to  do  detective  duty,  unless,  in  the  judgment  of  the  Police  and  Fire  Com- 
mission an  emergency  shall  arise. 

Sec.  480.  Clerk.  One  man  shall  be  assigned  to  do  the  duty  of  keeping 
the  records  of  the  Police  and  Detective  Departments,  according  to  modern 
methods,  in  books  to  be  especially  prepared  for  the  Police  Department.  It  shall 
also  be  his  duty  to  act  as  Clerk  of  the  Police  Court  and  perform  such  other 
duties  as  the  Police  and  Fire  Commission  or  General  Council  may  direct. 

Sec.  481.  Bonds.  All  policemen  and  Firemen  are  hereby  required  to 
give  bond  to  the  City  of  Lexington,  Kentucky,  for  its  use  and  the  use  of  any 
one  whose  rights  may  be  wrongfully  injured  by  the  improper  conduct  of  said 
policemen  or  firemen  with  some  reliable  guaranty  company  as  surety  to  be  ap- 
proved by  the  Police  and  Fire  Commissioners  in  the  following  sums : 


Chief  of  Police $2,500.00 

Captains  500.00 

Lieutenants  500.00 

Sergeants  500.00 

Chief  of  Detectives 1,000.00 

Detectives  500.00 


104 


OFFICERS  AND  EMPLOYEES. 


Ch.  io 


Patrolmen  500.00 

Substitute  Patrolmen  250.00 

Chief  of  Fire  Department 1,500.00 

Assistant  Chief 500.00 

All  other  Firemen  500.00 


The  form  of  bond  to  be  executed  by  all  said  policemen  and  firemen  shall 
be  as  follows: 

KNOW  ALL  MEN  BY  THESE  PRESENTS. 

That  we Principal  and 

Surety  are  held  and  firmly  bound  unto  the  City  of 

Lexington,  Kentucky  for  its  use  and  the  use  of  any  whose  rights  may  be  wrong- 
fully injured  by  the  improper  conduct  of  said 

in  the  sum  of Dollars. 

The  condition  of  the  above  obligation  is  such  that  whereas  the  said 

has  been  appointed 

subject  to  the  Charter  and  Ordinances  of  the  City  of  Lexington  and  the  action 
of  the  Police  and  Fire  Commissioners  in  conformity  therewith : 

Now,  if  the  said shall  in  his  official  capacity 

treat  all  persons  in  a proper  and  humane  manner,  and  shall  pay  over  all  sums  of 
money  that  may  come  into  his  hands  to  the  persons  entitled  thereto,  and  shall 

faithfully  perform  all  other  duties  of  said  position  of 

as  prescribed  by  the  Charter  and  Ordinances  of  the  City  of  Lexington,  Ken- 
tucky, and  the  rules  adopted  by  the  Police  and  Fire  Commissioners  regulating 
said  position  so  long  as  he  shall  occupy  said  position. 

Then  this  obligation  shall  be  void ; otherwise  it  shall  remain  in  full  force 
and  effect. 

Given  under  our  hands  and  Seal,  this day  of 191. .. 

Seal. 

Seal. 

Attest: 


Ch.  n 


RAILROADS. 


CHAPTER  ii. 

RAILROADS. 


105 


Sec.  482.  Overhead  Railway  Bridges.  The  minimum  heighth  for  over- 
head railway  bridges,  over  streets  or  alleys  upon  which  electric  railways  are 
operated,  is  hereby  fixed  and  prescribed  as  fifteen  (15)  feet  above  the  established 
grade  of  such  streets  or  alleys. 

Sec.  483.  Each  railway  company  or  corporation  owning  or  controlling 
an  overhead  railway  bridge,  of  less  than  the^minimum  heighth  prescribed  by 
section  482,  crossing  any  street  or  alley  of  the  City  of  Lexington,  upon  which  an 
electric  railway  is  in  operation,  shall  within  six  (6)  months  from  the  publication  of 
this  ordinance  raise  and  elevate  such  bridge  to  a minimum  heighth  of  fifteen 
(15)  feet  above  the  grade  of  such  street  or  alley  at  the  place  of  crossing,  so  that 
the  lowest  point  or  part  of  such  bridge  at  the  place  of  crossing  shall  be  at  least 
fifteen  (15)  feet  above  the  highest  point  in  the  grade  of  such  street  or  alley  at 
that  place. 

Sec.  484.  Each  railway  company  or  corporation  owning  or  controlling  an 
overhead  railway  bridge,  over  any  street  or  alley  of  the  City  of  Lexington,  which 
has  pillars,  bents  or  supports  of  any  kind  constructed  in  or  on  any  part  of  the 
driveway  or  sidewalk  of  such  street  or  alley  shall,  within  six  (6)  months  from  the 
publication  of  this  ordinance,  remove  such  pillars,  bents  or  other  supports 
from  such  street  or  alley  and  from  the  driveway  and  sidewalk  thereof ; provided, 
that  any  railway  company  or  corporation,  desiring  to  construct  pillars  or  sup- 
ports at  the  curb  lines,  for  the  support  of  any  such  bridge,  may  submit  plans  of 
such  proposed  bridge  and  supports  to  the  Joint  Improvement  Committee  of  the 
General  Council,  and  if  such  committee  approve  such  plans,  it  shall  be  lawful 
for  such  pillars  or  supports  to  be  constructed  in  accordance  with  such  plans; 
but  in  no  event  shall  any  such  pillars,  bents  or  supports  be  constructed  in  or  be 
allowed  to  remain  in  the  driveway  of  any  street  or  alley  or  in  any  part  of  the 
sidewalk,  except  on  the  line  of  the  curb,  in  accordance  with  such  approved  plans. 

Sec.  485.  The  Mayor  is  directed  to  cause  a certified  copy  of  this  ordinance 
to  be  delivered,  by  the  Chief  of  Police,  to  each  railway  company  or  corporation, 
owning  or  controlling  an  overhead  railway  bridge  in  the  City  of  Lexington,  - 
that  does  not  conform  to  the  requirements  of  this  ordinance. 

Sec.  486.  The  City  Engineer  is  directed  to  furnish  any  such  railway 
company  or  corporation,  upon  request,  with  the  grade  and  width  of  any  street  or 
alley  of  the  City  at  any  point  where  a railway  bridge  crosses  such  street  or 
alley,  together  with  such  plans,  profiles  and  cross-section  of  such  street  or  alley 
as  may  be  necessary  to  show  the  grade  and  width  thereof. 

Sec.  487.  Any  railway  company  or  corporation  violating  sections  483  or 
484  by  failing  to  comply  therewith  within  six  (6)  months  from  the  publication  of 
this  ordinance,  shall  be  fined  not  less  than  ten  ($10.00)  dollars  nor  more  than 
one  hundred  ($100.00)  dollars  for  each  offense,  and  each  day  of  the  contin- 
uance of  such  violation  of  either  of  said  sections  shall  be  deemed  and  con- 
strued to  be  a separate  and  distinct  offense. 

Sec.  488.  Speed  of  Train.  It  shall  be  the  duty  of  all  roilroad  companies 
and  employees  thereof,  when  any  locomotive  or  locomotive  train  of  cars  is  ap- 
proaching the  City  of  Lexington,  to  so  regulate  the  speed  thereof  as  not  to  cross 
the  city  limits  at  a greater  rate  of  speed  than  ten  (10)  miles  per  hour,  and  con- 
tinue reducing  the  speed  so  that  at  the  crossing  of  the  first  street  they  shall  not 
be  at  a speed  greater  than  six  (6)  miles  per  hour,  and  departing  from  the  city  to 


io 6 


RAILROADS. 


Ch.  ii 


observe  the  same  rate  of  speed,  not  exceeding  six  (6)  miles  per  hour  until  the  last 
street  shall  have  been  passed  and  not  exceeding  ten  (io)  miles  per  hour  from  the 
last  street  to  the  city  limits.  The  penalty  for  a breach  of  the  provisions  of  this 
section  shall  be  fifteen  ($15.00)  dollars  for  each  offense,  recoverable  either  against 
the  company  operating  said  road  or  the  employees  in  charge  of  said  locomotive 
or  locomotive  train  of  cars. 

Sec.  489.  Rules  for  Operating.  It  shall  be  the  duty  of  all  railroad  com- 
panies and  employees  thereof,  whenever  any  locomotive  is  entering  the  city,  to 
begin  ringing  the  bell  of  said  locomotive  at  least  one  hundred  (100)  yards  be- 
fore the  crossing  of  the  first  street  and  continue  such  ringing  until  the  last  street 
in  leaving  the  city  is  passed,  whenever  the  locomotive  is  in  motion.  The  penalty 
for  the  violation  of  this  section  is  five  ($5.00)  dollars  for  each  offense. 

Sec.  490.  Any  person  in  charge  of  a locomotive  who  shall  blow  the  whistle 
or  discharge  the  steam  from  the  same  so  as  to  disturb  or  annoy  persons  within  the 
city,  unless  the  same  be  necessary  in  order  to  give  a signal  or  prevent  the  de- 
struction of  property,  shall  be  fined  five  ($5.00)  dollars  for  each  offense. 

Sec.  491.  When  the  track  or  tracks  of  any  railroad  crosses  any  streets  of 
the  city,  the  company  owning  or  operating  such  railroad  shall  keep  such  crossing 
in  good  repair  and  convenient  for  the  crossing  of  vehicles  and  persons  on  horse- 
back or  on  foot.  The  space  between  the  rails  and  for  eighteen  (18)  inches  on 
the  outside  for  the  width,  including  the  sidewalk  when  required  by  the  Superin- 
tendent of  Public  Works  shall  be  filled  with  heavy  plank,  scantling  or  any  other 
material  that  said  Superintendent  of  Public  Works  may  require.  The  material 
herein  required  to  be  used  shall  be  placed  on  a level  with  the  rails.  The  viola- 
tion of  the  provisions  of  this  section  shall  be  a continuing  offense,  punishable  by  a 
fine  of  ten  ($10.00)  dollars  for  each  day  that  same  shall  continue,  after  notice  by 
the  Superintendent  of  Public  Works  to  the  local  agent  of  the  railroad  company 
so  offending. 

Sec.  492.  All  railroad  companies  owning  or  operating  railroads,  the  tracks 
of  which  cross  any  street  or  highway  wdthin  the  city  limits,  are  required  to 
erect  and  maintain  at  all  such  crossings  a gate  that  will  effectually  prevent  all 
travelling  on  said  streets  or  across  said  tracks  during  such  times  as  the  railroad 
trains  or  locomotives  may  be  passing  thereon,  and  to  keep  at  all  such  crossings 
a gate  keeper  whose  duty  it  shall  be  to  keep  such  gate  closed  during  the  passing 
of  locomotives  or  trains  across  the  streets  or  highways.  Violation  of  this  section 
shall  be  punishable  in  the  manner  as  the  preceeding  section. 

Sec.  493.  It  shall  be  unlawful  for  any  locomotive,  railroad  car  or  train  of 
cars  to  stand  longer  than  five  (5)  minutes  at  any  one  time  across  any  street  or 
highway  in  the  city,  so  as  to  interrupt  travel  on  said  street  or  highway ; nor  shall  it 
be  lawful  for  the  gates  at  the  street  crossings  provided  for  in  the  preceding  section 
to  remain  closed  longer  than  five  (5)  minutes  at  any  one  time.  Nor  shall  any  loco- 
motive be  permitted  to  stand  within  fifty  (50)  feet  of  any  street  crossing  longer 
than  ten  (10)  minutes  at  any  time.  Any  railroad  company  or  agent  or  employee  of 
any  such  company  who  shall  violate  this  section  shall  be  fined  fifteen  ($15.00) 
dollars  for  each  offense. 

Sec.  494.  All  railroad  companies  owning  and  operating  tracks  in  the  city 
of  Lexington  are  required  to  erect  and  maintain  electric  arc  lights  at  all  points 
where  the  tracks  intersect  the  streets,  alleys,  ditches,  sewers  and  culverts  of  the 
city.  Said  lights  to  be  in  all  respects  similar  to  those  used  by  the  city.  Companies 
violating  this  section  by  failing  to  establish  or  maintain  said  lights,  shall  be  fined 
five  ($5.00)  dollars  for  each  night  this  section  is  violated. 

Sec.  495.  Street  Railways.  The  Passenger  and  Belt  Railway  Company 


Ch.  ii 


RAILROADS. 


107 


is  hereby  authorized  to  construct  its  line  of  railway,  to  be  operated  by  electricity 
by  means  of  the  overhead  trolley  system,  and  to  erect  its  poles  for  the  support 
of  its  wires  on  the  following  streets,  to-wit:  Main,  Broadway,  Walnut,  Rose, 
Kentucky  Avenue,  Fourth  and  Fifth  Streets,  Maple  Avenue  or  Chestnut  Street 
and  Sixth  Street.  If,  after  laying  said  tracks,  the  city  shall  determine  to  change 
the  present  grade  of  any  street  or  streets  at  any  point  or  points,  the  said  railway 
company  shall  change  the  grade  of  its  tracks  at  said  points  to  conform  to  the  new 
grade ; but  said  company  shall  not  be  required  to  lay  permanent  pavements,  such 
as  granite,  brick  or  asphalt  at  any  point  until  the  permanent  grade  of  any  street 
has  been  fixed  at  that  point. 

Sec.  496.  It  shall  be  the  duty  of  said  Railway  Company  to  replace  in  good 
condition  all  sidewalks  and  curbing  that  may  be  disturbed  in  setting  its  poles, 
and  all  crossings  and  culverts  that  may  be  disturbed  in  laying  its  tracks,  which 
repairs  shall  be  made  as  soon  as  possible  after  each  pole  is  set.  All  poles  used 
by  said  railway  company  within  the  city  must  be  neatly  dressed  and  painted  as 
may  be  prescribed  by  said  committee. 

Sec.  497.  All  persons,  corporations  or  companies  who  hereafter  run  or 
operate  any  street  cars  upon  any  street,  alley  or  public  place  in  the  City  of  Lex- 
ington, are  hereby  required  to  attach  to  the  front  end  of  each  car  run  and  operat- 
ed by  them,  a guard  or  fender  adapted  to  the  protection  from  injury  of  persons 
passing  upon  such  streets,  alley  or  public  place.  Such  guard  or  fender  shall  be  of 
such  material,  shape  and  character  as  may  be  approved  by  the  Mayor. 

Sec.  498.  Any  person,  corporation  or  company  running  or  operating  any 
street  car  in  the  City  of  Lexington  and  failing  to  comply  with  the  provisions  of 
this  ordinance,  shall  be  fined  ten  ($10.00)  dollars  for  each  offense,  and  each  car 
so  run  and  operated,  and  each  day  upon  which  it  is  so  run  or  operated,  shall  con- 
stitute a separate  offense. 


108  SECOND-HAND  DEALERS.  Ch.  12 

CHAPTER  12. 

SECOND-HAND  DEALERS. 

Sec.  499.  Second-Hand  Dealers.  All  persons,  firms  or  corporations  deal- 
ing, handling  or  selling  second-hand  clothing  or  other  second-hand  merchandise  of 
any  description  shall  keep  a book  wherein  shall  be  recorded  all  purchases  of 
second-hand  goods  or  merchandise,  together  with  a description  of  said  goods  or 
merchandise,  and  the  name,  color  and  address  of  the  person  or  persons  from 
whom  said  merchandise  is  purchased  and  the  amount  paid  therefor,  and  shall 
make  daily  reports  of  all  such  second-hand  purchases  to  the  Chief  of  Police.  No 
person,  firm  or  corporation  so  purchasing  any  second-hand  goods  or  merchandise 
shall  dispose  of  same  or  change  the  identity  or  form  of  such  goods  or  merchandise 
for  a period  of  five  (5)  days  after  the  same  has  been  duly  reported  to  the  Chief  of 
Police.  The  said  second-hand  dealer  shall  on  any  day  and  at  any  time,  at  the 
request  of  the  Chief  of  Police,  Chief  of  Detectives,  Captain  or  Lieutenants  of  Po- 
lice, produce  such  records  so  kept  for  inspection,  and  the  said  officers  shall  have 
rights  at  all  reasonable  times  to  inspect  any  goods  or  merchandise  so  purchased. 

Sec.  500.  That  all  persons,  firms  or  corporations,  partially  or  exclusively 
engaged  in  the  buying  and  selling  of  second-hand  merchandise,  shall  be  deemed 
a second-hand  dealer  within  the  meaning  of  this  ordinance. 

Sec.  501.  Any  person,  firm  or  corporation  violating  the  provisions  of  sec- 
tions 499  and  500  shall  be  punished  by  a fine  of  not  less  than  five  ($5.00)  dollars, 
and  not  more  than  ten  ($10.00)  dollars. 

Sec.  502.  Junk  Dealers.  All  dealers  buying  and  selling  furs,  wool,  skins 
and  other  odds  and  ends,  commonly  known  as  junk  dealers,  shall  keep  a book 
wherein  shall  be  recorded  all  purchases  of  scrap  iron,  brass,  zinc,  lead,  etc.,  to- 
gether with  a description  of  same  and  the  name,  color  and.  address  of  the  person 
or  persons  from  whom  said  material  is  purchased,  and  shall,  on  any  day,  and  at 
any  time,  at  the  request  of  the  Chief  of  Police,  Chief  of  Detectives,  Captain  or 
Lieutenant  of  Police,  produce  said  record  so  kept  for  inspection.  Any  violation 
of  this  ordinance  shall  be  punished  by  a fine  of  not  less  than  five  ($5.00)  dollars 
and  not  more  than  ten  ($10.00)  dollars  in  the  Police  Court. 


Ch.  13.  SEWERS.  109 

CHAPTER  13. 

SEWERS. 

Sec.  503.  General  Rules  for  Constructing.  The  following  general  rules  and 
regulations  shall  govern  the  construction  of  public  sanitary  sewers  at  the  cost  of 
the  abutting  property  owners,  and  the  duties  of  the  City  officials  named  herein, 
with  reference  thereto,  unless  otherwise  provided  in  the  ordinance  ordering  such 
construction.  Such  construction  shall  be  done  in  accordance  with  the  Waring 
plans  and  specifications  on  file  in  the  office  of  the  Commissioner  of  Public  Works 
and  according  to  the  grade  furnished  by  the  City  Engineer. 

Sec.  504.  Bids.  Upon  passage  of  an  ordinance  ordering  the  construction 
of  a sanitary  sewer  at  the  cost  of  the  abutting  property  owners,  the  Commissioner 
of  Public  Works  will  advertise  for  a period  of  at  least  five  (5)  days  in  the  Official 
Newspaper  of  the  City  for  bids  for  the  construction  of  such  sewer.  He  will  report 
such  bids  to  the  Board  of  Commisisoners  and  said  Board  shall  have  the  right 
to  reject  any  or  all  bids.  The  acceptance  of  one  bid  for  such  work  shall  be 
deemed  a rejection  of  all  other  bids  for  the  same  work.  Upon  the  acceptance 
of  any  such  bid  by  the  Board  of  Commissioners,  the  Mayor  will  enter  into  a 
contract  with  the  successful  bidder  for  the  execution  of  the  work.  The  successful 
bidder  will  be  required  to  execute  bond  to  the  City  of  Lexington  with  surety  to 
be  approved  by  the  Mayor  for  the  faithful  performance  of  the  contract,  and  to 
indemnify  the  City  against  all  loss  or  damage  that  it  may  sustain  by  reason  of  any 
injury  to  persons  or  property  resulting  from  the  negligence  or  carelessness  or 
other  act  or  omission  of  the  contractor,  his  agents  or  employes  in  the  execution 
of  the  work  and  to  restore  the  street  to  as  good  condition  as  before  said  improve- 
ment was  begun. 

Sec.  505.  Acceptance.  When  the  contractor  for  the  construction  of  any 
sewer  shall  report  to  the  Commissioner  of  Public  Works  that  such  construction 
has  been  completed  in  accordance  with  the  contract  therefor,  the  said  Commis- 
sioner will  give  three  (3)  days’  notice  by  one  (1)  insertion  in  the  Official  News- 
paper of  the  City  and  by  notices  posted  in  two  (2)  conspicuous  places  on  or  near 
said  work,  fixing  the  day,  hour  and  place  on  said  work  when  he  will  inspect  same 
for  the  purpose  of  accepting  it,  if  properly  done,  at  which  time  and  place  the  abut- 
ting property  owners  shall  have  the  right  to  protest  against  the  acceptance  of  said 
work.  At  the  time  and  place  given  in  said  notice  he  will  inspect  the  work  and 
will  report  to  the  Board  of  Commissioners  whether  in  his  judgment  it  has  been 
done  according  to  contract,  and  whether  any  objections  have  been  made  to  the 
acceptance  thereof.  If,  in  his  judgment,  said  work  is  not  properly  done,  he  will 
notify  the  contractor  to  make  it  satisfactory  and  will  report  all  the  facts  to  the 
Board  of  Commissioners  with  his  recommendations  in  the  premises  and  the 
Board  of  Commissioners  will  thereupon  take  such  steps  as  it  may  deem  proper 
with  reference  thereto. 

Sec.  506.  Assessment.  Upon  completion  of  a sewer  the  City  Engineer 
will  report  to  the  Board  of  Commissioners  the  total  cost  thereof  and  the  name  of 
each  of  the  abutting  or  fronting  property  owners,  the  number  of  abutting  feet 
owned  by  each  of  them  and  the  proportionate  part  of  the  cost  of  such  construction 
to  be  assessed  and  levied  against  the  property  of  each  of  said  abutting  or  front- 
ing property  owners,  and  the  Board  of  Commissioners  shall  thereupon  apportion 
said  cost  of  construction  to,  and  against  the  property  liable  therefor,  as  provided 
by  law  and  shall  assess  and  levy  a special  and  local  tax  against  said  property  and 
the  owners  thereof  equal  to  the  amount  of  the  cost  so  apportioned.  Said  tax  will 
be  secured  by  a lien  on  said  property  in  favor  of  the  City  of  Lexington  for  the  use 


no 


SEWERS. 


Ch.  13 


and  benefit  of  the  contractor  for  said  work,  and  shall  bear  such  interest  from  the 
date  of  the  assessment  as  may  be  provided  by  law.  No  error  in,  or  omission  of, 
the  name  of  any  owner  of  property  that  may  be  liable  for  such  tax,  nor  any 
discrepancy  in  the  number  of  feet  owned  by  any  such  person  which  may  occur 
in  the  ordinance  assessing  and  levying  the  tax  for  the  payment  of  such  improve- 
ment shall  affect  or  invalidate  the  assessment  and  levy  made  by  such  ordinance, 
but  the  said  property  shall  remain  liable  for  said  tax  at  the  rate  per  foot  as  fixed 
in  said  assessing  ordinance,  and  the  lien  therefor  may  be  enforced  against  such 
property  in  the  name  or  names  of  the  real  owners  thereof  according  to  the  actual 
number  of  feet  owned  by  them. 

Sec.  507.  All  special  assessments  and  taxes*  for  the  construction  of  sani- 
tary sewers  shall  be  due  and  payable  at  the  office  of  the  City  Treasurer  imme- 
diately upon  the  publication  of  the  ordinance  assessing  such  taxes.  The  City 
Auditor  shall  keep  a record  of  all  such  special  taxes  and  assessments  in  his  office, 
in  a book  provided  for  that  purpose,  and  upon  the  payment  of  any  such  tax  the 
Treasurer  will  report  the  same  to  the  Auditor,  and  he  will  make  proper  entry 
thereof  on  said  record,  whereupon  the  lien  created  by  said  tax  shall  stand  re- 
leased. 

Sec.  508.  The  City  of  Lexington  shall  not  be  responsible  for  the  payment 
of  any  part  of  the  cost  of  said  construction,  but  the  entire  cost  thereof,  including 
the  cost  of  intersections,  shall  be  assessed  upon  the  property  in  the  neighbor- 
hood thereof,  in  the  manner  provided  by  law,  and  the  contractor  shall  look  solely 
to  the  assessment  levy  and  collection  of  the  tax  against  said  property  and  the 
owners  thereof  for  his  compensation  for  said  work. 

Sec.  509.  This  ordinance  is  intended  to  provide  general  regulations  con- 
cerning the  construction  of  sewers,  and  to  prescribe  the  duties  of  certain  city 
officials  with  reference  thereto,  and  is  not  intended  to  prescribe  any  conditions 
not  prescribed  by  law,  with  reference  to  the  construction  of  such  sewers,  or  the 
levy  and  collection  of  the  tax  for  the  payment  thereof.  A failure  of  the  Board 
of  Commissioners,  or  of  any  city  official  to  comply  with  the  provisions  hereof 
shall  not  affect  or  invalidate  any  ordinance  relating  to  the  construction  of  sewers, 
nor  the  assessment  or  levy  of  any  tax  for  such  construction,  unless  such  omission 
or  failure  shall  otherwise  violate  the  general  law  relating  thereto. 

Sec.  510.  The  provisions  of  the  Aseven  (7)  preceding  sections,  so  far  as 
applicable,  shall  also  apply  to  and  govern  the  construction  of  sanitary  sewers  on 
the  ten  (10)  year  payment  plan. 

Sec.  51 1.  All  ordinances  in  conflict  herewith,  and  particularly  Ordinance 
Nos.  2206  and  2426  old  series,  and  387  new  series,  of  the  City  of  Lexington,  are 
hereby  repealed. 

Sec.  512.  Tapping  Sewers.  It  shall  be  unlawful  for  any  person,  other 
than  a licensed  plumber,  to  tap  a sewer  or  make  a sewer  connection  with  any 
sewer  in  the  City  of  Lexington. 

Sec.  513.  Permits  to  Tap.  Any  sewer  which  has  been  or  may  hereafter 
be  constructed  wholly  at  the  expense  of  the  City  may  be  tapped  by  any  person 
through  any  licensed  plumber  upon  application  to  the  Superintendent  of  Public 
Works,  and  upon  the  production  to  the  Superintendent  of  a receipt  of  the  City 
Treasurer,  countersigned  by  the  Auditor,  that  the  said  person  has  paid  into  the 
City  Treasury  the  sum  of  twenty-five  ($25.00)  dollars,  and  the  said  Superinten- 
dent shall  then  issue  a permit  to  tap  said  sewer,  the  said  applicant  complying 
with  all  the  provisions  of  this  ordinance,  and  any  person  tapping  any  such  sewer 
without  first  obtaining  said  permit  shall  be  fined  as  hereinafter  provided. 


Ch.  13. 


SEWERS. 


Ill 


Sec.  514.  Any  person  owning  property  on  the  line  of  any  sewer  construct- 
ed at  the  expense  of  the  owners  of  the  property  shall  be  allowed  to  tap  such 
sewer  through  any  licensed  plumber,  upon  application  to  the  Superintendent  of 
Public  Works,  who,  upon  said  applicant  exhibiting  a receipt  showing  that  the 
assessment  against  the  property  along  the  line  of  said  sewer  for  the  construction 
of  the  same  has  been  paid,  and  otherwise  complying  with  the  provisions  of  this 
ordinance,  shall  issue  to  such  person  a permit  to  tap  said  sewer,  and  any  person 
tapping  any  such  sewer  without  the  said  permit  having  been  first  obtained, 
shall,  upon  conviction,  be  fined  as  hereinafter  provided. 

Sec.  515.  Tapping — How  Made.  All  tapping  of  sewers  for  house  connec- 
tions shall  be  made  at  the  “Y”  and  in  case  no  “Y”  has  been  provided  a licensed 
plumber,  upon  obtaining  permission  of  the  City  Engineer  or  of  the  Superintend- 
ent of  Public  Works,  may  cut  an  opening  into  said  sewer  for  house  connections, 
but  no  person  in  the  employ  of  a licensed  plumber  shall  be  allowed  to  make  such 
opening  other  than  a regular  plumber,  who  must  have  the  proper  tools  and  be 
educated  to  the  business  and  qualified  to  do  such  work. 

Sec.  516.  No  person  shall  tap  or  make  connections  with  any  sewer  without 
first  notifying  the  City  Engineer  or  the  Superintendent  of  Public  Works,  one 
of  whom  shall  be  present  when  such  connection  is  made.  It  shall  be  the  duty 
of  the  Superintendent  of  Public  Works  to  note  all  connections  with  any  sewer 
in  a book  suitable  for  the  purpose. 

Sec.  517.  All  applicants  for  tapping  sewers  shall  state  in  their  applica- 
tion the  name  of  applicant,  name  of  owner,  location,  number  of  building  and 
name  of  street. 

Sec.  518.  Garbage,  Etc.,  Not  Put  In.  No  person  shall  be  allowed  to  dump 
or  place  into  any  sewer  pipe  leading  into  any  sewer  any  fish,  garbage  or  offal  of 
any  kind. 

Sec.  519.  Down  Spouts.  It  shall  be  unlawful  for  any  persons,  firm  or 
corporation  to  connect  a down  spout,  roof  drainage  pipe  or  surface  drainage  pipe 
with  any  sanitary  sewer  of  the  City  or,  by  any  means,  to  cause  any  roof  drainage 
or  surface  drainage  to  be  conducted  into  a sanitary  sewer.  The  foregoing  pro- 
visions shall  apply  to  the  owner  or  persons  in  control  of  the  property  and  also 
to  the  contractor  or  other  person  who  actually  makes  such  connection.  Any  such 
down  spout  or  drainage  pipe  now  connected  with  a sanitary  sewer  must  be  dis- 
connected therefrom  by  the  owner  or  person  in  control  of  the  property  on  which 
the  down  spout  or  drainage  pipe  is  situated  within  ten  (10)  days  from  the  pub- 
location  of  this  ordinance,  and  a failure  to  make  such  disconnection  shall  be 
deemed  a violation  of  this  ordinance.  Any  person,  firm  or  corporation  violating 
this  Section  shall  be  fined  not  less  than  three  ($3.00)  dollars,  nor  more  than 
twenty-five  ($25.00)  dollars  for  each  offense.  The  enforcement  of  this  section  is 
hereby  placed  in  the  Department  of  Public  Affairs  and  it  shall  be  the  duty  of  the 
Mayor,  as  Commissioner  of  said  Department,  to  enforce  the  same  by  instituting, 
or  causing  to  be  instituted,  prosecutions  for  the  violation  hereof,  and  he  shall 
cause  to  be  made,  through  the  Board  of  Health,  or  otherwise,  as  he  may  deem 
best,  such  inspection  of  premises  as  may  be  necessary  to  determine  whether  this 
section  is  being  violated. 

Sec.  520.  Any  person  violating  any  of  the  provisions  of  this  ordinance 
(Secs.  512  to  518)  shall  be  fined  not  less  than  three  ($3.00)  dollars,  nor  more  than 
twenty-five  ($25.00)  dollars. 


1 12 


SIDEWALKS. 


Ch.  14 


CHAPTER  14. 

SIDEWALKS. 

Sec.  521.  General  Provisions  For  Construction  Of.  The  following  gen- 
eral regulations  will  govern  the  construction  of  sidewalks,  curb  and  gutter,  and 
the  duties  of  the  City  Officials  named  herein  with  reference  thereto,  unless  other- 
wise provided  in  the  ordinance  ordering  such  construction.  The  word  construc- 
tion shall  include  reconstruction. 

Sec.  522.  All  the  general  provisions  of  Ordinance  No.  2498,  sections 
2 to  10  inclusive,  and  22  and  25,  relating  to  the  improvement  of  streets,  shall, 
as  far  as  applicable  thereto,  and  not  inconsistent  herewith,  apply  to  the  con- 
struction of  sidewalks,  curb  and  gutter,  the  same  as  if  copied  herein  at  length. 

(ORDINANCE  2498.) 

Sec.  2.  Where  the  word  “city”  is  used  in  this  ordinance,  it  shall  mean  the  City  of 
Lexington,  Kentucky.  The  words  “Board  of  Public  Works”  shall  mean  the  Board  of  Public 
Works  of  the  City  of  Lexington,  or  the  Superintendent  of  Public  Works  of  said  city,  if  at 
any  time  there  be  no  Board  of  Public  Works;  the  words  “City  Engineer”  shall  mean  the 
City  Engineer  of  said  City  of  Lexington,  or  his  duly  appointed  or  elected  assistant ; the  word 
“contractor”  shall  mean  the  person,  corporation  or  firm  having  the  contract  for  the  work  in 
question. 

Sec.  3.  The  work  shall  be  prosecuted  on  such  square  or  squares  as  the  City  Engineer 
and  Board  of  Public  Works  may  from  time  to  time  direct.  Each  square  or  squares,  as 
soon  as  completed  (allowing  sufficient  time  for  said  work  to  set),  shall  be  thrown  open  to 
the  public,  but  such  opening  and  using  of  the  same  shall  not  be  deemed  or  held  to  be  an 
acceptance  of  that  part  of  the  work.  The  City  may,  from  time  to  time,  suspend  the  work 
at  certain  places,  or  altogether,  if  in  its  opinion  the  public  needs  require  it;  but  said  City 
shall  not  have  the  right  to  stop  the  work  altogether  for  more  than  a week  at  any  time, 
except  that  whenever  in  the  opinion  of  the  City  Engineer  and  Board  of  Public  Works,  the 
weather  is  not  suitable  for  doing  the  work,  in  which  event  the  work  may  be  suspended.  In 
case  of  any  suspension  of  work  by  the  City,  the  time  within  which  the  contractor  is  re- 
quired to  complete  said  work  shall  be  extended  as  many  days  as  the  same  was  thus  sus- 
pended. 

Sec.  4.  Upon  any  stoppage  of  the  work  all  material  shall  be  piled  up  neatly  by  the 
contractor,  so  as  not  to  impede  the  travel  on  the  sidewalks,  or  at  the  intersection  of  streets, 
or  the  use  of  fire  plugs,  and  all  rubbish  or  surplus  material  be  removed  immediately  from 
the  street  by  the  contractor. 

Sec.  5.  The  City  expressly  reserves  the  right  to  construct  sewers  and  connections; 
to  permit  connections  of  private  sewers  with  main  sewers;  to  lay  water  or  gas  mains,  and 
to  grant  permits  for  house  connections  with  sewers,  or  with  water  or  gas  pipes  at  any  time 
prior  to  the  completion  of  the  sub-grade,  and  said  City  reserves  the  right  to  suspend  work 
on  any  square  at  any  time  during  the  improvement  of  same  for  the  purpose  above  stated, 
and  said  contractor  shall  not  interfere  with  or  place  any  impediment  in  the  way  of  any 
person  or  persons  who  may  be  engaged  in  the  construction  of  such  sewer  or  sewers,  or  in 
laying  such  gas  or  water  mains,  or  making  connections  therewith,  or  doing  other  work  above 
specified.  In  any  such  ca$e  the  contractor  shall  not  be  entitled  to  any  damage  for  the  digging 
up  of  the  streets  or  for  the  delay,  but  shall  be  allowed  and  paid  for  any  work  or  material 
made  necessary  on  his  part,  the  reasonable  cost  of  the  same  to  be  paid  by  the  person  con- 
structing said  sewers,  laying  such  pipes  or  making  such  connections,  and  no  part  of  such 
cost  shall  be  estimated  in  the  cost  of  the  improvement  of  said  street.  The  contractor’s  time 
for  completing  his  contract  shall  be  extended  as  many  days  as  he  is  thus  delayed. 

Sec.  6.  Any  work  which  does  not,  in  the  opinion  of  the  City  Engineer  and  Board 
of  Public  Works,  comply  with  the  plans  and  specifications  shall  be  taken  up  and  made  to 
conform  thereto  at  the  expense  of  the  contractor. 

Sec.  7.  All  materials  must  be  furnished  of  the  best  quality  of  their  respective  kinds. 
No  material  of  any  kind  shall  be  used  until  it  has  been  examined  and  approved  by  the  City 
Engineer  and  Board  of  Public  Works,  and  any  material  which,  in  their  opinion,  is  not  in 
accordance  with  these  specifications  shall  not  be  used,  and  the  contractor  shall  remove  same, 
and  the  decision  of  said  City  Engineer  and  Board  of  Public  Works  shall  be  final  as  to 
the  manner  of  construction  and  quality  of  work  and  material.  In  case  the  contractor  shall 


Ch.  14 


SIDEWALKS. 


113 

refuse,  after  written  notice  from  the  City  Engineer  and  Board  of  Public  Works,  to  re- 
move any  rejected  rock  or  material  within  twenty-four  hours,  the  same  may  be  removed 
and  replaced  by  the  City  at  the  contractor’s  expense,  and  all  work  must  be  done  to  the 
entire  satisfaction  of,  and  be  approved  by  the  City  Engineer  and  Board  of  Public  Works. 

Sec.  8.  No  extra  or  customary  measurements  of  any  kind  will  be  allowed  in  measur- 
ing the  work  under  these  specifications,  but  the  actual  length,  area,  solid  contents  or  num- 
ber shall  be  considered.  It  is  understood  that  the  completion  of  the  work  done  under  these 
specifications  includes  any  and  all  work  that  may  be  necessary  to  connect  the  work  done 
with  adjoining  work  in  a proper  and  workmanlike  manner.  If  at  any  time  an  overseer  or 
workman,  employed  by  the  contractor,  is  found  by  the  City  Engineer  and  Board  of  Public 
Works  to  be  incompetent  or  disorderly,  the  contractor  shall  forthwith  dismiss  such  person, 
and  no  longer  employ  him  on  any  part  of  the  work. 

Sec.  9.  All  necessary  night  and  day  guardsmen,  barricades  and  lights  shall  be  em- 
ployed, erected  and  maintained  on  the  work  by  the  contractor  to  protect  persons  and  prop- 
erty from  injury,  and  he  shall  execute  bond  to  the  City,  as  provided  in  Ordinance  No.  2494 
to  indemnify  the  City  against  any  and  all  claims  for  damages  resulting  from  obstruction 
of  the  street  or  streets  by  the  contractor,  o,r  from  any  negligence  on  the  part  of  the  con- 
tractor or  his  agent  or  employes  in  failing  to  maintain  such  guardsmen,  barricades  or  lights 
or  otherwise. 

Sec-  10.  If  in  the  improvement  of  a street  it  becomes  necessary  to  change  the  grade 
or  location  or  any  water  pipe,  gas  pipe  or  conduit  or  any  other  like  thing,  or  the  grade  or 
alignment  of  any  curbing,  and  if  the  person  or  company  owning  same  shall  fail,  upon 
notice,  to  change  same,  then  said  change  shall  be  made  to  the  proper  line,  grade  or  location 
by  the  contractor,  and  he  shall  look  to  the  company  or  person  owning  the  pipes,  conduits 
or  curbing  for  the  cost  of  moving  same,  and  no  part  of  such  cost  shall  be  estimated  in 
the  general  cost  of  such  construction.  If  for  any  reason  the  company  or  person  owning  such 
pipes,  conduits  or  curbing  should  not  be  liable  for  the  cost  of  moving  same,  by  reason  of 
any  previous  ordinance  of,  or  contract  with  the  City  or  otherwise,  the  City  shall  pay  the 
contractor  the  reasonable  cost  thereof  out  of  the  apportionment  of  the  city  revenues  for  the 
year  succeeding  that  in  which  the  work  is  done.  » 

Sec.  22-.  All  bids  shall  state  prices  bid,  both  in  writing  and  in  figures,  and  must  be 
submitted  on  blank  forms  furnished  by  the  City,  the  General  Council  reserving  the  right  to 
reject  any  or  all  bids. 

Sec.  25.  Upon  completion  of  any  work,  the  contractor  shall,  if  required  by  the  City 
or  the  Mayor  thereof,  execute  a bond  to  the  City  with  surety  approved  by  the  Mayor,  to 
indemnify  the  City  against  the  claim  or  claims  of  any  persons  who  may  have  performed 
labor  or  furnished  material  in  such  improvement- 

Sec.  523.  The  construction  of  concrete  sidewalks,  curb  and  gutter,  shall 
be  done  in  accordance  with  the  specifications  of  Ordinance  No.  1759,  and  the 
same  may  be  referred  to,  and  made  a part  of  any  ordinance  for  such  work  with- 
out being  copied  at  length  in  such  ordinance.  (Note:  Ordinance  No.  1759  is 
as  follows)  : 

Sec.  1.  That  hereafter  all  sidewalks  constructed  or  reconstructed  of  concrete  shall 
be  constructed  or  reconstructed  in  accordance  with  the  following  specifications: 

Grading.  The  grading  shall  be  done  to  the  whole  width  of  the  sidewalk,  and  the 
pavement  shall  be  of  such  width  as  the  ordinance  ordering  the  work  shall  prescribe. 

Foundation  Trenches.  The  foundation  trenches  for  the  sidewalk  shall  be  excavated 
twelve  inches  deep,  and  all  soft  or  spongy  places  dug  out,  filled  with  gravel  and  rammed 
without  charge;  all  surplus  earth  to  be  removed  by  the  contractor  to  such  places  as  the 
Superintendent  of  Public  Works  may  direct. 

Foundation.  The  foundation  shall  be  the  same  width  as  the  trench  and  shall  be 
constructed  of  a layer  • of  clean  cinders  entirely  free  from  ashes  or  refuse  or  a layer  of 
crushed  foundry  coke;  to  be  ten  inches  in  depth  and  to  be  rammed  down  to  eight  inches. 

Concrete.  After  the  foundation  has  been  laid  it  shall  be  covered  with  concrete  three 
inches  thick,  after  being  well  rammed  and  of  the  same  width  as  the  footway.  This  con-  . 
crete  shall  be  made  of  Portland  cement  and  shall  be  composed  of  the  following  ingredients 
by  actual  measurements,  viz: 

First — One  part  of  Portland  cement. 

Second — Two  parts  of  clean,  sharp  sand,  free  from  mud,,  clay  or  other  foreign  matter. 

Third — -Six  parts  of  clean  gravel  or  macadamizing,  each  stone  measuring  not  more 
than  two  and  one-half  inches  in  any  direction. 


SIDEWALKS. 


Ch.  14 


1 14 

3Iethods  of  Preparing1 — The  cement,  sand  and  stone  or  gravel  shall  first  be  mixed 
dry  and  made  into  concrete  with  very  little  water  and  then  thoroughly  mixed  until  every 
piece  of  gravel  is  coated  with  mortar.  It  shall  then  be  shoveled  into  place  and  compressed 
to  the  required  thickness  by  hard  ramming. 

Where  to  be  Mixed — The  mortar  must  be  mixed  on  tight  floors;  mixing  on  the  bare 
ground  or  street  surface  will  not  be  allowed. 

Manner  of  Placing — Each  batch  of  concrete  shall  be  mixed  as  above  described  and 
used  immediately  after  mixing.  The  concrete  must  be  separated  into  blocks  thirty  inches 
in  length  by  strips  of  tar  paper  or  dry  sand,  carefully  set  at  right  angles  to  the  edge  of 
the  walk.  The  foundation  must  be  kept  wet  while  the  concrete  is  being  laid  thereon  and 
under  no  circumstances  must  any  concrete  which  is  not  covered  by  the  finishing  coat  be 
left  in  the  trench.  The  concrete  shall  be  so  laid  on  the  foundation  as  to  leave  two  inches  of 
the  foundation  projecting  beyond  each  edge  of  the  concrete.  The  strips  used  for  forming  the 
sides  of  the  concrete  and  finishing  coat  must  be  four  inches  in  width  by  two  in  thickness 
excepting  at  curve,  when  the  thickness  of  same  may  be  reduced  sufficiently  to  allow  them 
to  be  bent  to  the  proper  curve.  Concrete  removed  from  the  trench  must  not  be  used  the 
second  time. 

Finishing  Coat — Upon  the  concrete  above  described  must  be  laid  a finishing  coat, 
one  inch  in  thickness,  composed  of  one  part  cement  of  the  same  brand  as  used  in  the  con- 
crete and  three  parts  of  clean,  sharp  sand,  screened  through  a No.  5 screen,  free  from  mud, 
clay  or  extraneous  matter.  The  sand  and  cement  must  be  mixed  dry  and  clean  mortar  bed, 
and  then  made  into  mortar  by  thoroughly  mixing  wTith  the  necessary  amount  of  water,  so 
as  to  obtain  as  homogeneous  a mass  as  possible,  to  be  used  immediately  after  mixing  and 
troweled  hard  into  place,  with  joints  thirty  inches  apart,  immediately  over  and  extending 
down  to  the  joints  into  the  concrete. 

Method  of  Shaping.  The  top  coat  shall  be  smoothly  finished  full  one  inch  in  thick- 
ness and  the  edges  slightly  rounded.  This  top  coat  must  never  be  placed  upon  concrete 
which  has  become  dry. 

Protection  While  Hardening — The  entire  footway  must  as  soon  as  it  is  finished,  be 
protected  by  suitable  covering  until  it  has  hardened. 

Cement — The  cement  shall  be  Portland  cement,  fine  ground,  without  any  lumps, 
and  shall  stand  a tensile  strain  of  350  pounds  to  the  square  inch,  in  briquettes  one  week 
old,  and  the  same  brand  and  quality  of  cement  shall  be  used  in  both  the  concrete  and  finish- 
ing coat. 

Protection  of  Cement — Cement  must  be  thoroughly  protected  from  the  weather  while 
on  the  ground  waiting  to  be  used. 

Sand — Sand  shall  be  clean  and  sharp,  well  screened  through  a No.  5 screen,  and 
free  from  mud,  clay  or  vegetable  matter. 

Sec.  524.  Grade.  The  grade  of  any  sidewalk,  curb  or  gutter  ordered  to 
be  constructed  shall  be  as  fixed  by  the  City  Engineer  and  set  forth  on  the  plan  and 
profile  in  his  office. 

Sec.  525.  Cost — How  Paid.  The  cost  of  the  construction  of  sidewalks, 
curb  and  gutter  shall  be  paid  by  assessment  of  a special  and  local  tax  on  the 
property  abutting  thereon,  in  the  manner  provided  by  law,  and  the  City  shall 
not  be  liable  for  any  part  of  such  cost.  The  contractor  may,  by  suit  in  his  own 
name,  or  in  the  name  of  the  City  of  Lexington,  enforce  collection  of  such  local 
and  special  tax  and  foreclose  the  lien  therefor,  but  all  such  suits  shall  be  at  the 
sole  cost  and  expense,  both  ordinary  and  extraordinary,  of  the  contractor,  and 
the  City  shall  not  be  liable  therefor. 

Sec.  526.  Plans  and  Profiles.  Upon  passage  of  a resolution  for  the  con- 
struction of  any  sidewalk,  curb  or  gutter,  the  City  Engineer  will  at  once  prepare 
all  necessary  plans  and  profiles  thereof,  showing  the  grade  of  same,  the  part 
already  constructed,  if  any,  and  of  the  new  work  to  be  done,  and  keep  the  same 
on  file  in  his  office,  subject  to  inspection  by  any  one  desiring  to  inspect  the  same. 

Sec.  527.  Bids.  Upon  the  passage  of  an  ordinance  ordering  the  con- 
struction of  any  sidewalk,  curb  or  guttering,  the  Commissioner  of  Public  Works 
will  advertise  for  a period  of  not  less  than  five  (5),  nor  more  than  ten  (10)  days 
in  the  Official  Newspaper  of  the  City  for  bids  for  such  work.  All  bids  must 


Ch.  14 


SIDEWALKS. 


ii5 

be  sealed  and  filed  with  the  Commissioner  of  Public  Works  and  will  be  opened 
in  the  presence  of  the  Commissioners  who  shall  have  the  right  to  reject  any  and 
all  bids.  The  acceptance  of  one  bid  by  the  Commissioners  shall  be  deemed  a re- 
jection of  all  other  bids  for  the  same  work.  Each  bid  must  be  accompanied  by  a 
certified  check  for  an  amount  of  money  equal  to  twenty-five  (25)  per  cent,  of 
the  entire  amount  of  the  bid,  which  check  shall  be  made  payable  to  said  City,  as 
an  evidence  of  good  faith  of  the  bidder  and  shall  be  forfeited  to  the  City  as 
liquidated  damages  if  the  bid  be  accepted,  and  the  bidder  refuse  to  enter  into  con- 
tract and  bond,  in  accordance  with  the  following  section,  but  no  check  shall  be  for 
less  than  twenty-five  ($25.00)  dollars. 

Sec.  528.  Contract  and  Bond.  Upon  the  acceptance  of  any  bid  by  the 
Commissioners,  the  Mayor  will  enter  into  a contract  with  such  bidder  on  behalf 
of  the  City  for  the  execution  of  the  work  in  accordance  with  the  ordinance  and 
bid  therefor,  and  the  contractor  will  execute  bond  to  the  City  of  Lexington, 
with  security  to  be  approved  by  the  Mayor  in  an  amount  equal  to  twenty-five 
(25)  per  cent,  of  the  contract  price  of  the  work,  for  the  faithful  performance  of  the 
contract  and  guaranteeing  the  work  for  a period  of  five  (5)  years,  and  that  the  con- 
tractor will,  at  his  own  expense,  repair  and  replace  any  defect  which  may  occur 
therein  within  said  period,  and  the  said  contractor  will  execute  like  bond  to  said 
City  in  the  sum  of  one  thousand  ($1,000.00)  dollars  to  indemnify  the  City  against 
any  and  all  loss  or  damage  that  it  may  sustain  by  reason  of  any  injury  to  persons 
or  property  resulting  from  the  carelessness,  negligence  or  other  act  of  the  con- 
tractor, his  agents  or  employes  in  the  execution  of  such  work,  but  nothing  herein 
shall  be  construed  to  limit  the  contractors  liability  to  the  sum  of  one  thousand 
($1,000.00)  dollars. 

Sec.  529.  The  contractor  must  begin  work  within  three  (3)  weeks  from  the 
acceptance  of  his  bid,  and  must  prosecute  the  same  with  all  proper  and  reasonable 
diligence  until  completed,  and  shall,  with  reference  thereto,  be  subject  to  the  pro- 
visions of  Section  24  of  Ordinance  No.  2498,  which  is  hereby  referred  to  and 
adopted  as  part  of  this  ordinance.  (Note:  Section  24  of  Ordinance  2498  is  as 
follows)  : 

Sec.  24.  The  work  under  a contract  for  the  improvement  of  a street  with  asphalt, 
shall  commence  within  thirty  days  from  the  acceptance  of  the  bid  therefor,  and  be  prose- 
cuted to  completion  with  all  reasonable  diligence,  and  shall  receive  the  personal  supervision 
of  the  contractor  therefor.  If  any  contractor  abandon  such  work  for  ten  (10)  days,  or  fail 
to  prosecute  the  same  with  reasonable  diligence  for  such  period,  the  City  may,  after  ten 
(10)  days’  notice  in  writing  to  the  contractor,  or,  if  he  cannot  be  found,  by  publishing  such 
notice  in  the  Official  Newspaper  of  the  City  for  ten  (10)  days,  requiring  him  to  resume 
said  work,  or  to  prosecute  same  with  reasonable  diligence,  and  he  fail  to  do  so,  let  the  work 
to  another  contractor,  or  the  City  may  have  said  work  done,  and,  in  either  case,  charge  the 
cost  of  the  completion  thereof  to  the  original  contractor,  and  pay  the  same  out  of  the  con- 
tract price,  and  if  such  contract  price  be  insufficient,  the  excess  shall  be  paid  by  the 
original  contractor,  and  his  bondsman  be  liable  therefor,  but  nothing  herein  shall  be 
construed  as  excluding  the  City  from  exercising  any  other  right  or  remedy  at  law  which 
It  may  have  against  any  contractor  failing  to  comply  with  his  contract. 

Sec.  530.  Material,  Who  the  Property  Of.  All  old  brick  and  curbing 
which  may  be  removed  from  the  street  shall  be  the  property  of  the  property  owner 
who  may  be  liable  for  the  cost  of  the  new  work,  and  he  shall  be  allowed  forty- 
eight  (48)  hours  from  the  time  same  is  taken  up  by  the  contractor  within  which 
to  remove  the  same.  If  he  does  not  remove  the  same  within  forty-eight  (48) 
hours  the  contractor  shall  remove  and  dispose  of  same. 

Sec.  531.  Upon  completion  of  the  work  the  contractor  shall  thoroughly 
clean  up  the  street  and  remove  all  rubbish  before  the  work  will  be  accepted  by 
the  Commissioner  of  Public  Works. 


n6 


SIDEWALKS. 


Ch.  14 


Sec.  532.  Upon  the  completion  of  the  work,  in  accordance  with  the  con- 
tract, the  same  will  be  inspected  by  the  Commissioner  of  Public  Works,  in  the 
manner  provided  by  law,  provided  that,  in  addition  to  the  notice  of  such  inspect 
tion  provided  by  law,  the  said  Commissioner  will  post  notices  thereof  in  two  con- 
spicuous places  on  or  near  said  work  at  least  twenty-four  (24)  hours  before 
the  time  fixed  for  such  inspection,  and  will  make  written  report  of  its  inspection 
to  the  Board  of  Commissioners. 

Sec.  533.  All  special  assessments  and  taxes  for  the  construction  of  side- 
walks, curb  and  gutter  shall  be  due  and  payable  at  the  office  of  the  City  Treasurer 
immediately  upon  the  publication  of  the  ordinance  assessing  such  taxes.  The 
City  Auditor  shall  keep  a record  of  all  such  special  taxes  and  assessments  in  his 
office  in  a book  to  be  provided  for  that  purpose,  and  upon  the  payment  of  any 
such  tax  to  the  Treasurer,  he  will  report  the  same  to  the  Auditor,  and  the  Auditor 
will  make  proper  entry  thereof  on  said  record,  whereupon  the  lien  created  by  said 
tax  shall  stand  released. 

Sec.  534.  The  City  reserves  the  right  to  appoint,  through  its  Commis- 
sioner of  Public  Works  an  inspector  of  the  work  at  a cost  not  exceeding  three 
($3.00)  dollars  per  day  during  the  progress  of  the  work,  to  be  paid  by  the  con- 
tractor, and  the  amount  so  paid  by  him  shall  be  added  to  the  contract  price  of 
the  work  and  be  included  in  the  assessment  therefor. 

Sec.  535.  A failure  of  the  Board  of  Commissioners,  the  Commissioner 
of  Public  Works,  or  any  other  City  Official,  to  comply  with  any  provisions  of  this 
ordinance,  shall  not  affect  or  invalidate  any  ordinance  for  the  construction  or 
reconstruction  of  any  sidewalk,  curb  or  gutter,  nor  the  assessment  or  any  levy 
of  any  tax  to  pay  for  such  improvement,  unless  such  failure  or  omission  shall 
violate  the  State  laws  relating  thereto. 

Sec.  536.  Material  To  Be  Used.  All  sidewalks  hereafter  constructed  or 
reconstructed  within  the  fire  limits  of  the  City  of  Lexington,  Kentucky,  as  now 
prescribed  by  ordinance,  shall  be  laid  of  concrete,  and  all  sidewalks  hereafter 
constructed  or  reconstructed  on  all  streets  not  included  within  said  fire  limits 
shall  be  laid  either  of  brick  or  concrete,  at  the  option  of  the  property  owner,  or 
in  the  absence  of  the  exercise  of  such  option,  of  such  one  of  said  materials  as 
the  General  Council  shall  by  ordinance  designate. 

Sec.  537.  The  City  shall  have  the  right  in  cases  of  concrete  sidewalks,  of 
laying  a grass  plot  between  the  outside  edge  of  the  concrete  and  the  curb  line 
where  there  is  already  a concrete  sidewalk  and  grass  plot  along  a portion  of  the 
block,  or  where  the  proposed  sidewalk  is  the  first  to  be  built  of  concrete,  so  that 
the  sidewalks  shall  in  all  cases  be  uniform  on  each  block. 

Sec.  538.  Changing  Grade.  Any  person  who  shall  change  the  grade  of  a 
sidewalk  by  elevating  or  depressing  the  curbing  or  paving  shall  restore  the 
grade  and  make  all  proper  changes  under  the  supervision  of  the  Superintendent 
of  Public  Works,  and  shall  be  subject  to  a fine  of  not  less  than  five  ($5.00)  dol- 
lars, nor  more  than  fifty  ($50.00)  dollars  for  his  failure  to  restore  the  grade 
and  make  such  changes  within  thirty  (30)  days  after  being  notified  to  do  so. 

Sec.  539.  Repairing.  It  is  hereby  made  the  duty  of  all  property  owners 
to  keep  the  sidewalks  in  front  of  their  property  in  good  repair,  and  their  failure 
to  repair  said  sidewalks  within  thirty  (30)  days  after  being  notified  to  do  so  by 
the  Superintendent  of  Public  Works  shall  subject  them  to  a fine  of  not  less  than 
five  ($5.00)  dollars,  nor  more  than  fifty  ($50.00)  dollars. 

Sec.  540.  Holes  in  Sidewalks.  Whenever  the  Commissioner  of  Public 
Works  ascertains  the  existence  of  holes  or  other  defects  in  sidewalks  of  the  City 
of  Lexington,  it  shall  be  his  duty  to  forthwith  notify,  in  writing,  the  owner  of 


Ch.  14 


SIDEWALKS. 


11 7 


the  property  abutting  upon  such  defective  sidewalk,  to  repair  the  same  at  his 
own  expense  within  a period  of  ten  (10)  days  after  the  delivery  of  such  notice. 
If  such  owner  be  a non-resident  of  the  City  of  Lexington,  or  cannot  be  found, 
the  notice  may  be  delivered  to  his  agent  having  charge  of  the  property,  and  if 
there  be  no  such  agent,  it  may  be  delivered  to  the  occupant  of  the  property.  Such 
notice  may  be  delivered  by  any  police  officer  of  the  City  of  Lexington,  or  by  any 
other  person  authorized  by  law  to  serve  a notice. 

Sec.  541.  It  is  hereby  made  the  duty  of  each  owner  of  property  in  the 
City  of  Lexington,  within  ten  (10)  days  after  receipt  of  the  notice  provided  for  in 
Section  1 of  this  ordinance  (Sec.  539  Revised  Ord.),  to  repair,  at  his  own  ex- 
pense, all  holes,  uneven  surfaces  and  other  defects  in  the  sidewalk,  on  which  his 
property  abuts,  as  specified  in  the  notice,  using  therefor  materials  as  nearly 
similar  as  possible  to  that  of  which  such  sidewalk  is  constructed.  If  such  owner 
be  a non-resident  of  the  City  of  Lexington,  or  cannot  be  found,  it  shall  be  the 
duty  of  his  agent  in  charge  of  said  property,  upon  receipt  of  such  notice,  to  make 
said  repairs  as  herein  required  and  if  there  be  no  such  agent,  it  shall  be  the  duty 
of  the  occupant  of  the  property,  upon  receipt  of  such  notice,  to  make  such  repairs 
as  herein  required. 

Sec.  542.  Any  owner,  or  agent  of  such  owner,  or  occupant  of  property 
who  shall  fail  to  make  the  repairs  in  such  defective  sidewalks,  as  provided  in 
section  539  within  ten  (10)  days  after  receiving  the  notice  provided  for  in  this 
-ordinance,  shall  be  fined  not  less  than  one  ($1.00)  dollar,  nor  more  than  five 
($5.00)  dollars  for  each  offense;  and  each  day  the  said  work 'remains  undone 
after  said  period  shall  be  deemed  a separate  offense. 

Sec.  543.  This  ordinance  shall  in  no  wise  waive  or  affect  the  right  of 
the  City  of  Lexington,  or  its  Board  of  Commissioners  to  order  the  reconstruction 
of  any  such  sidewalk,  in  the  manner  now  provided  by  law,  at  any  time  it  may  be 
found  proper  and  necessary  to  do  so. 


n8  STREETS— TRAFFIC  ON.  Ch.  15 

Chapter  15.,  Article  1. 

STREETS— TRAFFIC  ON. 

Sec.  544.  Rules  For  Driving.  Rule  i.  Slow-moving  vehicles  shall  keep 
as  near  to  the  right  hand  curb  as  possible,  so  as  to  leave  room  in  the  middle  of 
the  street  for  vehicles  going  at  a greater  speed. 

Rule  2.  A vehicle  meeting  another  shall  pass  on  the  right. 

Rule  3.  A vehicle  overtaking  another  shall  pass  on  the  left  side  of  the 
overtaken  vehicle  and  not  pull  over  to  the  right  until  entirely  clear  of  it. 

Rule  4.  An  avenue  or  street  with  an  avenue  or  park-way  or  car  track  in 
the  middle  shall  be  considered  as  having  but  one  roadway,  and  vehicles  shall  keep 
to  the  right  of  the  center  line  except  when  it  is  necessary  to  cross  it  to  pass  a 
vehicle  ahead  going  in  the  same  direction. 

Rule  5.  A vehicle  turning  into  another  street  to  the  right  shall  turn  the 
corner  as  near  the  right  hand  curb  as  practicable,  thus : 


Rule  6.  A vehicle  turning  into  another  street  to  the  left  shall  turn  around 
the  center  of  the  intersection  of  the  two  streets,  thus: 


Ch.  15 


STREETS— TRAFFIC  ON. 


1 19 

Not  this  way : 


< 


Rule  7.  A vehicle  crossing  from  one  side  of  the  street  to  another  shall  do 
so,  thus : 


Not  this  way : 

“ > 


Not  this  way : 


Rule  8.  No  vehicle  shall  stop  with  its  left  side  to  the  curb  within  the  fire 
district,  bounded  on  the  north  and  south  by  Third  Street  and  Maxwell  Street,  on 
the  east  and  west  by  Rose  Street  and  Spring  Street. 

Rule  9.  No  vehicle,  unless  in  an  emergency  or  to  allow  another  vehicle  or 
pedestrian  to  cross  the  path,  shall  stop  in  any  public  street  or  highway,  except 
near  the  right-hand  curb  thereof  and  so  as  not  to  obstruct  a crossing. 

Rule  10.  No  vehicle  shall  back  to  make  a turn  in  any  street,  if  by  so  doing 
it  interferes  with  other  vehicles,  but  shall  go  around  the  block  or  to  a street 
sufficiently  wide  to  make  a turn  in  without  backing. 

Rule  11.  In  slowing  up  or  stopping,  a signal  shall  always  be  given  to 
those  behind  by  raising  the  whip  or  hand  vertically. 

Rule  1 2.  In  turning,  while  in  motion,  or  in  starting  to  turn  from  a stand- 
still, a signal  shall  be  given  by  raising  a whip  or  hand,  indicating  the  direction 
in  which  the  turn  is  to  be  made. 

Rule  13.  One  (1)  blast  of  police  whistle  indicates  that  east  and  west 
traffic  is  to  stop.  Two  (2)  blasts,  that  north  and  south  traffic  is  to  stop.  Vehicles 
must  stop  so  as  not  to  interfere  with  the  passage  of  pedestrians  at  crossings. 
Three  (3)  or  more  blasts  is  a signal  of  alarm  and  indicates  the  approach  of  a fire 
engine  or  some  other  danger. 


120 


STREETS— TRAFFIC  ON. 


Ch.  15 


Rule  14.  The  officers  and  men  of  the  fire  department  and  fire  patrol  with 
the  fire  apparatus  of  all  kinds,  when  going  to,  on  duty,  at,  or  returning  from  a fire, 
and  all  ambulances,  the  officers,  vehicles  and  men  of  the  police  department  and 
United  States  mail  wagons  shall  have  the  right  of  way  in  any  street  and  through 
any  procession. 

Rule  15.  Subject  to  Rule  1.  Everything  being  equal  on  all  public  streets 
and  highways  of  the  city  all  vehicles  going  in  an  easterly  or  westerly  direction 
shall  have  the  right  of  way  over  all  vehicles  going  in  a northerly  or  southerly 
direction. 

Rule  16.  Subject  to  Rule  1.  Surface  cars,  running  on  tracks  laid  in  the 
streets  especially  for  their  use,  shall  have  the  right  of  way  along  such  tracks 
between  cross  streets,  over  all  other  vehicles,  and  the  driver  of  any  vehicle  pro- 
ceeding on  the  track  in  front  of  a surface  car,  shall  immediately  turn  out  upon 
signal  given  by  the  motorman  or  driver  of  the  car. 

Rule  1 7.  A vehicle  waiting  at  the  curb,  shall  promptly  give  place  to  a 
vehicle  about  to  take  on  or  let  off  passengers. 

Rule  18.  The  driver  of  any  vehicle  shall  immediately  draw  up  said  ve- 
hicle as  near  as  practicable  to  the  right-hand  curb,  and  parallel  thereto  and  bring 
it  to  a standstill  on  the  approach  and  during  the  passing  of  a fire  engine,  or  any 
other  fire  apparatus  apparently  going  to  a fire. 

Rule  19.  The  driver  of  a surface  car  shall  immediately  stop  said  car  and 
keep  it  stationary  upon  request  of  the  driver  of  a fire  engine  or  other  fire  apparatus 
until  said  fire  engine  or  other  fire  apparatus  shall  have  passed  by  said  surface  car. 
It  shall  be  the  duty  of  the  conductor  or  guard  to  immediately  stop  said  car  and 
keep  it  stationary  if  he  hears  the  request  before  the  driver  of  said  car. 

Rule  20.  No  vehicle  shall  proceed  at  any  time  at  a greater  rate  of  speed 
than  the  law  allows  and  is  safe  and  proper  under  the  conditions  then  obtaining. 

Rule  21.  No  vehicle  shall  cross  any  street  or  avenue  or  make  a turn  at  a 
speed  rate  exceeding  one-half  (14)  its  legal  speed  limit. 

Rule  22.  A driver  of  a vehicle  overtaking  surface  cars  and  passing  on 
its  right  side  shall  exercise  due  caution  not  to  interfere  with  or  injure  passengers 
getting  on  or  off  said  car. 

Rule  23.  No  one  in  any  street  or  highway  shall  drive  a vehicle  that  is  so 
covered  in  or  constructed  as  to  prevent  the  driver  thereof  from  having  a sufficient 
view  of  the  traffic  following  and  at  the  sides  of  such  vehicle. 

Rule  24.  No  one  shall  ill  treat,  overload,  over  drive,  over  ride,  or  cruelly 
or  unnecessarily  beat  any  horse. 

Rule  25  No  one  shall  crack  or  so  use  a whip  as  to  annoy,  interfere  with 
or  endanger  or  excite  any  horse  other  than  that  which  he  is  using. 

Rule  26.  The  roadbeds  of  highways  and  streets  are  primarily  intended 
for  vehicles,  but  pedestrians  have  the  right  to  cross  the  roadbeds  of  highways  and 
streets  in  safety,  and  drivers  of  vehicles  should  exercise  all  possible  care  not  to 
injure  pedestrians.  Pedestrians  should,  on  their  part,  never  step  from  the  side- 
walk to  the  roadbed  without  first  looking  to  see  what  is  approaching,  and  should 
not  needlessly  interfere  with  the  passage  of  vehicles. 

Rule  27.  By  crossing  the  roadbeds  of  highways  and  streets  as  nearly  as 
possible  at  right  angles,  and  preferably  at  the  regular  crossings,  pedestrians  will 
greatly  add  to  their  own  safety  and  also  better  time  to  be  made  by  vehicles,  as 
well  as  making  it  much  less  difficult  for  drivers  and  for  horses,  which  often  have 
to  be  reined  in  suddenly  and  painfully  to  avoid  careless  and  unthinking  pedes- 
trians. Nothing  in  the  foregoing  should  excuse  drivers  from  constant  vigilance 


Ch.  15  STREETS— TRAFFIC  ON.  121 

to  avoid  injury  to  pedestrians  under  all  conditions.  Pedestrians  are  warned 
against  standing  on  the  roadbeds  of  highways  or  streets. 

Rule  28.  The  word  “vehicle”  includes  equestrians,  led  horses,  and  every- 
thing on  wheels  or  runners,  except  street  cars  and  baby  carriages. 

Rule  29.  The  word  “horse”  includes  all  domestic  animals. 

Rule  30.  The  word  “driver”  includes  the  rider  or  driver  of  a horse,  the 
rider  of  wheels  and  the  operator  of  a motor  vehicle. 

Rule  31.  Drivers  must  at  all  times  comply  with  any  reasonable  direction 
by  voice  or  hand  of  any  member  of  the  Police  Force,  as  to  stopping,  starting,  or 
approaching  from  any  place,  the  manner  of  taking  up  or  setting  down  passengers 
or  loading  or  unloading  goods  in  any  place.  All  drivers  of  vehicles  are  required  to 
comply  with  these  rules  in  order  to  facilitate  traffic,  prevent  blockades,  avoid 
accidents  and  loss  of  life,  and  diminish  the  loss  of  time  and  money,  due  to  the 
lack  of  observance  of  rules  for  the  regulation  of  street  traffic. 

Rule  32.  Failure  to  comply  with  the  provisions  of  this  ordinance,  shall 
subject  the  offender  to  a fine  in  Police  Court  of  not  less  than  one  ($1.00)  dollar, 
nor  more  than  five  ($5.00)  dollars  for  each  offense. 

Sec.  545.  Congested  District  Defined.  The  territory,  within  the  City  of 
Lexington,  bounded  on  the  north  by  Short  Street,  on  the  south  by  Vine  Street, 
on  the  west  by  Broadway  and  on  the  east  by  Walnut  Street,  including  the  portions 
of  said  streets  constituting  said  boundary  lines,  is  hereby  defined  and  described  as 
the  “congested  district”  within  the  meaning  of  this  ordinance. 

Sec.  546.  Street  Defined.  The  word  “street”  as  used  in  this  ordinance 
and  other  ordinances  of  the  City,  includes  all  public  streets,  alleys,  avenues,  park- 
ways, boulevards,  viaducts  and  all  other  public  ways  of  the  city. 

Sec.  547.  Vehicle  Defined.  The  word  “vehicle”  as  used  in  this  ordinance 
and  other  ordinances  relating  to  traffic  regulation,  includes  equestrians,  led  horses 
and  every  kind  of  vehicle  on  wheels  or  runners,  except  baby  carriages,  toy  wagons 
and  sleds,  and  except  railroad,  interurban  and  street  cars,  when  not  expressly 
referred  to. 

Sec.  548.  Driver  Defined.  The  word  “driver”  includes  the  rider  or  driver 
of  a horse  or  other  animal,  the  rider  of  wheels  and  the  operator  of  a vehicle, 
bicycle,  motorcycle,  automobile,  street  car  or  interurban  car. 

Sec.  549.  Motor  Vehicle  Defined.  A motor  vehicle,  within  the  meaning 
of  this  ordinance,  shall  include  automobiles,  motorcycles,  electric  cars  and  all 
other  self-propelled  vehicles  except  street  cars  and  interurban  cars. 

Sec.  550.  Police  Control.  The  Police  Department  shall  exercise  all 
powers  and  duties  in  relation  to  the  management  and  control  of  vehicular  traffic 
and  to  the  protection  of  street  car  and  interurban  passengers  and  pedestrians  and 
to  facilitate  the  loading  and  unloading  of  street  cars  and  interurban  cars. 

Sec.  551.  Signals.  One  (1)  blast  of  the  policeman’s  whistle  indicates  that 
the  north  and  south  traffic  may  proceed  and  east  and  west  traffic  will  stop.  Two 
(2)  blasts  of  the  whistle  indicate  that  east  and  west  traffic  will  proceed  and  north 
and  south  traffic  will  stop.  Three  (3)  or  more  blasts  of  the  whistle  indicates  ap- 
proach of  fire  or  police  apparatus  or  some  threatened  danger.  At  this  signal  all 
vehicles  will  draw  up  to  the  right  curb  and  stop,  and  all  street  cars  and  interurban 
cars  will  stop  until  signaled  to  proceed.  The  position  in  which  the  traffic  policeman 
is  faced  will  indicate  the  direction  of  travel,  which  will  move  parallel  to  his  front. 
If  he  is  faced  to  the  east  or  west,  north  and  south  traffic  will  proceed  and  east  and 
west  traffic  will  stop.  If  he  is  faced  to  the  south  or  north,  east  and  west  traffic 
will  proceed  and  north  and  south  traffic  will  stop. 


122 


STREETS— TRAFFIC  ON. 


Ch.  15 


Sec.  552.  Public  Gatherings.  At  theatres  and  other  public  gatherings, 
or  whenever  traffic  becomes  crowded  and  congested,  vehicles  will  stand  or  move 
as  directed  by  the  police,  and  drivers  of  all  vehicles  and  all  pedestrians  shall  stop 
and  proceed  immediately  upon  the  signal  by  voice,  hand  or  otherwise,  of  any 
policeman. 

Sec.  553.  Pedestrians.  Pedestrians  crossing  any  street  at  the  intersection 
thereof  with  another  street,  within  the  congested  district,  will  pass  over  that  part 
of  the  street  included  within  the  line  of  the  sidewalk  projected  and  not  diagonally. 
They  will  keep  to  the  right  on  all  walks  and  drives  and  stop  only  at  or  near  the 
curb  or  house-line  and  not  in  the  center  of  the  walk.  They  will  be  controlled  by 
the  rules  and  regulations  herein  provided  for  vehicular  traffic. 

Sec.  554.  Motor  Vehicles.  All  non-residents,  remaining  in  the  City  for  a 
a period  of  more  than  ten  (10)  days  and  having  motor  vehicles  in  the  city 
should  register  such  vehicles  at  the  office  of  the  City  Clerk  in  the  manner  pro- 
vided for  such  registration  in  Section  559. 

Sec.  555.  Speed.  It  shall  be  unlawful  to  operate  any  motor  vehicle  at  a 
greater  rate  of  speed  than  twelve  (12)  miles  an  hour  within  the  congested  district 
of  the  City  or  at  a greater  rate  of  speed  than  eighteen  (18)  miles  an  hour  in  the 
remaining  portion  of  the  City,  or  to  turn  any  such  vehicle  around  any  street  cor- 
ner or  to  cross  any  street  in  the  congested  district  of  the  City  at  a greater  rate  of 
speed  than  eight  (8)  miles  an  hour,  or  to  turn  any  such  vehicle  around  any  street 
corner  or  to  cross  any  other  street  in  any  other  portion  of  the  City  at  a greater 
rate  of  speed  than  ten  (10)  miles  an  hour. 

Sec.  556.  Signals.,  Every  motor  vehicle  being  operated  upon  the  streets 
of  the  City  shall  be  provided  with  a suitable  bell,  reed-horn  or  other  signal  device 
by  which  ample  warning  of  the  approach  of  such  vehicle  can  be  given.  It  shall 
be  unlawful  for  any  person  operating  such  vehicle  to  make,  or  cause  to  be  made, 
between  the  hours  of  7 p.  m.  and  8 a.m.,  any  signal  except  with  a bell  or  reed-horn, 
or  to  make  any  unnecessary  noise  at  any  time  with  such  bell,  horn  or  signal  device, 
or  to  use  the  same  except  as  a warning  of  danger.  The  driver  or  person  in  con- 
trol of  any  motor  vehicle,  upon  approaching  a street  crossing  or  street  intersec- 
tion, shall  give  a warning  by  means  of  a bell,  horn  or  other  signal  device  which 
shall  be  of  sufficient  volume  and  be  given  in  ample  time,  to  give  notice  of  the  ap- 
proach of  such  vehicle  to  persons  who  may  be  approaching  such  crossing  or  in- 
tersection from  other  directions  and  enable  them  to  avoid  collision  with  such  ve- 
hicle. It  shall  be  the  duty  of  the  driver  of  all  motor  vehicles  intending  to  turn  * 
to  the  right  to  extend  the  right  arm  from  the  body  with  waving  motion  to  the 
right ; if  said  driver  intends  to  turn  said  motor  vehicle  to  the  left,  he  shall  extend 
the  left  arm  from  the  body  with  a waiving  motion  to  the  left ; if  the  motor  vehicle 
be  so  closed  in  as  to  prevent  such  signalling  with  the  arms,  the  driver  of  said 
vehicle  shall  sound  the  signal  device  of  his  car,  if  intending  to  turn  to  the  right, 
one  (1)  long  blast;  if  intending  to  turn  to  the  left,  two  (2)  sharp  blasts. 

Sec.  557.  Lamps.  During  the  period  from  thirty  (30)  minutes  after  sun- 
set to  thirty  (30)  minutes  before  sunrise,  each  automobile  or  similar  vehicle  shall 
have  at  least  two  (2)  lamps  burning  on  such  vehicle,  one  of  which  shall  be  in  front 
of  sufficient  illuminating  power  to  be  distinctly  visible  at  a distance  of  three  hun- 
dred (300)  feet,  and  one  in  the  rear  of  sufficient  illuminating  power  to  be  distinctly 
visible  at  a distance  of  two  hundred  (200)  feet,  and  each  motorcycle  shall  have 
one  (1)  burning  lamp  attached  thereto  casting  a light  in  the  direction  in  which  the 
same  is  going  of  sufficient  illuminating  power  to  be  visible  at  a distance  of  two 
hundred  (200)  feet. 


Ch.  15 


STREETS— TRAFFIC  ON. 


123 


Sec.  558.  Muffler.  Every  motor  vehicle,  while  being  operated  on  any  of 
the  streets  of  the  City  of  Lexington,  shall  be  equipped  with  a muffler  or  silencer 
which  shall  be  kept  closed,  through  which  all  of  the  exhaust  gases  from  the 
engine  will  escape  into  the  atmosphere,  and  it  shall  be  unlawful  for  the  driver  of 
any  such  motor  vehicle  to  use  any  cut-out,  fitting  or  other  apparatus  or  device 
to  escape  without  passing  through  a suitable  muffler  or  silencer  as  described  in 
this  section : Provided ; That  this  section  shall  not  apply  to  the  exhaust  from  a 
steam  horn  used  as  a signal  device. 

Sec.  559.  Registration.  Each  owner  of  a motor  vehicle  as  defined  in 
Section  549,  which  is  required  by  a state  law  to  be  registered  with  the  Secretary 
of  State,  shall  exhibit  his  certificate  of  registration  to  the  City  Clerk  of  the  City 
of  Lexington  and  register  with  said  clerk  the  number  assigned  by  the  Secretary 
of  State  to  such  motor  vehicle,  together  with  the  name  and  address  of  the  owner 
thereof.  Each  owner  of  a motor  vehicle  as  defined  in  section  549,  which  is  not  re- 
quired by  the  state  law  to  be  registered  with  the  Secretary  of  State,  shall  register 
the  name  with  the  City  Clerk,  together  with  his  name  and  address,  and  the  said 
clerk  will  thereupon  assign  a number  to  such  vehicle  and  will  provide  and  furn- 
ish such  number  to  the  owner  of  the  vehicle  in  aluminum  figures  not  less  than 
two  and  a half  (2^4)  inches  in  height,  constructed  in  such  a manner  as  to  be  at- 
tachable to  the  vehicle,  and  it  shall  be  the  duty  of  such  owner  to  attach  the  number 
securely  to  the  vehicle  so  as  to  be  plainly  visible  from  the  rear.  The  City  Clerk  will 
keep  a record  of  each  number  assigned  and  issued  by  him,  as  above  provided 
with  the  name  and  address  of  the  person  to  whom  issued  and  the  kind  of  machine. 
Said  clerk  is  authorized  to  have  constructed  such  numbers  as  may  be  necessary  for 
the  aforesaid  purpose  at  an  expense  not  exceeding  fifty  (50)  cents  per  number. 
This  section  shall  apply  to  motor  vehicles  owned  by  residents  of  Lexington  and 
Fayette  County  and  operated  in  the  City  of  Lexington,  and  shall  not  apply  to 
vehicles  owned  by  non-residents  of  said  City  and  County  except  as  provided  in 
section  554. 

Sec.  560.  Registration  Fee.  Any  person  desiring  to  register  a motor  ve- 
hicle with  the  City  Clerk  and  procure  a number  therefor,  shall  first  pay  a registry 
fee  of  one  ($1.00)  dollar  to  the  City  Treasurer  and  secure  a receipt  therefor  and 
present  same  to  the  City  Clerk.  The  fees  collected  under  this  section  shall  be  used 
to  pay  for  the  numbers  and  other  expenses  incident  to  the  registration  required 
by  the  preceding  section.  No  fee  shall  be  charged  for  the  registration  of  a motor 
vehicle  with  the  City  Clerk  in  accordance  with  section  559,  if  said  motor  vehicle 
has  been  registered  with  the  Secretary  of  State. 

Sec.  561.  Standing.  No  motor  vehicle  shall  be  left  standing  unattended, 
at  any  time  on  the  streets  of  the  city  with  the  engine  of  the  vehicle  running ; nor 
shall  any  such  vehicle  be  allowed  to  stand  more  than  five  (5)  minutes  at  a time 
in  any  part  of  the  congested  district  of  the  City  unless  the  lights  thereon  are 
turned  down  or  dimmed  to  prevent  the  same  from  casting  a glare  or  blinding 
light. 

Sec.  562.  Parking  Vehicles,  Allowed  Where.  Between  the  hours  of  8 
a.  m.  and  7 p.  m.  no  vehicle  of  any  kind  shall  be  left  standing  in  the  congested 
district  more  than  thirty  (30)  minutes  at  a time  without  an  attendant;  Provided, 
That  the  foregoing  provisions  of  this  section  shall  not  apply  to  vehicles  parked  on 
the  Courthouse  side  of  Upper  Street,  and  Cheapside,  from  Main  Street  to  Short 
Street,  and  of  Short  Street,  from  Upper  Street  to  Cheapside,  and  provided  further, 
that  the  parking  of  vehicles  on  the  above  named  streets  shall  be  subject  to  control 
of  the  Traffic  Officers  of  the  Police  Department,  who  shall  not  permit  such 
parking  of  vehicles  to  materially  interfere  with,  or  blockade  the  use  of  said 
streets  by  other  vehicles,  and  provided  further  that  such  Traffic  Officers  may,  at 


124 


STREETS— TRAFFIC  ON. 


Ch.  15 


any  time,  in  case  of  congestion  in  any  part  of  the  congested  district,  direct  and 
require  that  vehicles  be  taken  to  the  above  designated  places  to  be  parked. 

Sec.  563.  Approaching  Car — Emerging  From  Garage.  It  shall  be  un- 
lawful for  the  driver  or  person  in  control  of  any  motor  vehicle  approaching  a 
street  car  or  interurban  car  which  has  stopped,  or  is  about  to  stop,  to  take  on  or 
discharge  passengers,  to  pass  to  the  right  of  such  car  while  it  is  standing  still. 
No  vehicle  shall  emerge  from  any  alley,  stable  or  garage  at  a rate  of  speed  faster 
than  an  ordinary  walk,  and  in  case  of  motor  vehicles  emerging  from  a garage, 
alley  or  inclosure,  a proper  warning  shall  be  given  to  passing  vehicles  and 
pedestrains. 

Sec.  564.  The  driver  or  person  in  control  of  any  motor  vehicle,  before 
leaving  the  same  standing  unattended  upon  the  streets  of  the  City,  shall  stop  the 
engine  of  the  car  and  take  all  reasonable  precaution  to  prevent  the  starting  of 
-such  vehicle  by  unauthorized  persons.  It  shall  be  unlawful  for  any  person,  with- 
out permission  of  such  driver  or  persons  in  charge  of  such  vehicle,  to  climb  upon 
the  same  or  sound  any  bell  or  other  signal  thereof,  or  attempt  to  manipulate  any 
of  the  machinery  of  the  vehicle  or  set  the  same  in  motion,  or  interfere  with  such 
vehicle  in  any  way. 

Sec.  565.  Penalty.  Any  person  who  shall  violate  this  ordinance  by  doing 
any  act  herein  prohibited  or  by  failing  to  do  any  act  or  thing  herein  required  of 
him,  or  required  with  reference  to  any  vehicle  owned,  controlled  or  operated  by 
him.  or  by  operating  any  vehicle,  street  car  or  interurban  car  upon  the  streets  of 
the  City  in  any  manner  contrary  to  the  provisions  of  this  ordinance,  or  without 
having  complied  with  any  of  the  requirements  hereof,  shall  be  fined  not  less  than 
twenty-five  ($25.00)  dollars  for  each  offense;  and  the  owner  of  every  motor 
vehicle,  as  described  in  this  ordinance,  shall  be  jointly  liable  with  the  person 
using,  running  or  operating  the  same  in  violation  of  the  provisions  of  this 
ordinance,  in  all  cases,  except  where  such  motor  vehicle  is  taken  from  the  posses- 
sion of  the  owner  without  his  knowledge  or  consent. 


Ch.  15 


STREETS— PRIVATE  USE. 


125 


CHAPTER  15.  ARTICLE  2. 

STREETS— PRIVATE  USE. 

Sec.  566.  Awnings.  All  persons,  firms  or  corporations  desiring  to  erect, 
keep  or  maintain  in  or  over  the  sidewalk,  street  or  alley  or  other  thoroughfare, 
any  awning  or  shed  must  apply  to  the  Superintendent  of  Public  Works  for  a 
written  permit  to  erect  said  awning  or  shed  and  said  permit  shall  be  approved  by 
the  Mayor,  and  must  state  the  kind  and  style  of  awning  or  shed  to  be  erected. 

Sec.  567.  It  shall  not  be  lawful  to  erect,  keep  or  maintain  in  or  over  any 
sidewalk,  street  or  alley,  or  other  thoroughfare,  any  awning  which  shall  not  ex- 
tend to  the  line  of  the  curbstone  of  the  footway  or  pavement  in  front  of  the 
premises  before  which  said  awning  shall  be  placed,  unless  prevented  by  some 
lawful  obstruction,  the  lower  part  of  the  eave  thereof  being  not  less  than  nine  (9) 
feet  above  the  curbstone,  and  so  constructed  as  to  throw  the  water  falling  thereon 
into  the  gutter  of  the  streets,  and  be  supported  by  iron  posts  of  suitable  size. 
There  shall  be  no  side  or  end  wings  or  any  rail  attached  to  said  awning  or  iron 
posts.  Any  person  violating  the  provisions  of  this  section  shall  be  fined  not  less 
than  five  ($5.00)  dollars,  nor  more  than  twenty-five  ($25.00)  dollars.  And  each 
twenty-four  (24)  hours  that  the  violation  continues  shall  be  a separate  offense. 

Sec.  568.  Encroachment  on  Alleys.  The  owners  and  controllers  of  all 
buildings,  fencing  or  improvements  of  any  kind  encroaching  on  the  public  alleys 
of  the  city,  and  of  all  obstructions  of  any  kind  or  description  on  same,  whether  the 
said  encroachments  and  obstructions  be  on  the  ground  or  over-hanging  or  pro- 
jecting over  the  said  alleys,  are  hereby  ordered  and  directed  to  remove 
the  same  at  once,  and  all  permits  or  licenses  heretofore  granted  to  erect  or 
maintain  such  obstructions  or  encroachments  on  or  over  the  said  alleys  are 
hereby  revoked,  and  all  ordinances  or  resolutions  granting  such  permits  or 
licenses  are  hereby  repealed. 

Sec.  569.  For  each  day  the  owners  or  controllers  of  such  obstructions  or 
encroachments  permit  the  same  to  remain  on,  or  over  the  said  alleys,  they  shall 
be  subject  to  a fine  of  five  ($5.00)  dollars.  Should  the  owners  or  controllers  of 
said  obstructions  or  encroachments  fail  or  refuse  to  remove  the  same  at  once, 
the  Commissioner  of  Public  Works  is  hereby  authorized  and  directed  to  remove 
same. 

Sec.  570.  Excavations  in  Streets,  Etc.  No  person  shall  make  any  exca- 
vation in  any  street,  or  take  therefrom  any  earth  without  first  having  obtained 
the  written  permission  of  the  Superintendent  of  Public  Works. 

Sec.  571.  That  before  any  permit  be  granted  by  the  Superintendent  of 
Public  Works  to  any  one  whomsoever  to  open  or  excavate  any  alley,  street  or 
thoroughfare  for  any  purpose  whatsoever,  said  applicant  shall  deposit  with  the 
Mayor  the  sum  of  twenty-five  ($25.00)  dollars,  and  must  present  the  receipt  of 
the  Mayor  for  same  to  said  Superintendent.  Said  sum  shall  be  held  by  the  Mayor 
until  he  is  notified  by  the  Superintendent  of  Public  Works  that  the  alley,  street  or 
thoroughfare  excavated  or  opened  has  been  restored  to  its  proper  condition,  and 
in  the  event  that  said  street  so  opened  under  a permit  granted  upon  the  deposit 
of  said  sum,  be  not  restored  to  as  good  condition  as  before  said  opening  or 
excavating  was  made,  within  thirty  (30)  days  from  date  of  said  permit,  then  the 
Mayor  is  empowered  to  cause  said  alley,  street  or  thoroughfare  to  be  restored 
under  the  direction  of  the  Superintendent  of  Public  Works  and  to  pay  for  restora- 
tion out  of  said  sum  deposited.  The  balance,  if  any,  shall  then  be  returned  to  the 
depositor. 


126 


STREETS— PRIVATE  USE. 


Ch.  15 


Sec.  572.  Whoever  shall  dig,  or  cause  to  be  dug,  any  excavation  adjoin- 
ing any  street  or  alley,  and  shall  not  cause  the  same  to  be  fenced  in  during  the 
night,  while  work  is  in  progress,  with  a fence  three  (3)  feet  high,  made  of  planks 
or  boards,  shall  be  fined  three  ($3.00)  dollars  for  each  night  said  excavation  shall 
remain  unfenced  as  required  by  this  section. 

Sec.  573.  Any  person  who  shall  dig,  or  cause  to  be  dug,  any  hole  or  exca- 
vation in  any  of  the  streets  or  alleys  in  the  City,  for  the  purpose  of  improving  an 
adjoining  lot,  or  for  any  public  work  shall  replace  the  same  within  twenty-four 
(24)  hours  after  the  work  has  been  completed. 

Sec.  574.  Hereafter  all  tearing  up  of  brick  or  macadam  streets  in  the  City 
of  Lexington  shall  be  done  by  the  City  of  Lexington  through  the  Superintendent 
of  Public  Works,  and  he  is  required  to,  at  a short  notice,  hold  in  readiness 
a special  corp  of  competent  employees  and  supplies  for  the  purpose  and  charge 
therefor  to  the  plumbers  a fair  price  per  foot  commensurate  with  the  labor  per- 
formed, and  that  said  Superintendent  provide  a schedule  of  prices  for  said  work, 
for  plumbers  of  Lexington. 

Sec.  575.  Use  of  Street  or  Sidewalk  for  Construction  Work.  Any  person 

engaged  in  erecting  a building,  constructing  a sidewalk,  or  reconstructing  a street 
in  this  City,  shall  be  allowed  the  use  of  so  much  of  the  street  or  sidewalk  as  may 
be  reasonably  necessary  on  which  to  deposit  the  material  used  in  such  work ; 
Provided,  that  enough  of  said  street  and  sidewalk  shall  be  kept  unobstructed  as  to 
permit  the  free  passage  of  vehicles  and  pedestrians  along  the  same ; and,  provided, 
further,  that  the  space  so  occupied  shall  at  no  time  exceed  one-half  (J4)  of  the 
street  and  one-half  (J^)  of  the  sidewalk.  Material  shall  not  be  deposited  in  such 
manner  as  to  fill  up  or  obstruct  any  gutter,  and  it  shall  be  the  duty  of  the  person 
having  such  work  done,  and  the  contractor  doing  the  same,  to  place  signals  at  both 
ends  of  such  deposit  of  material  and  to  keep  the  same  lighted  during  the  night. 
The  deposit  of  the  material  and  the  use  of  the  street  herein  provided  for  shall  be 
subject  to  the  direction  of  the  Superintendent  of  Public  Works  who  may  require 
said  material  to  be  surrounded  by  a fence  or  other  enclosure.  Within  three  (3) 
days  after  the  completion  of  the  work,  all  of  the  remaining  material  and  rubbish 
left  from  same  shall  be  removed  from  the  street  or  sidewalk,  and  if  any  injury  or 
damage  has  been  done  to  either  street  or  sidewalk,  it  shall  at  once  be  repaired  by 
the  owner  and  contractor  to  the  satisfaction  of  the  Superintendent  of  Public 
Works.  Any  person  violating  any  of  the  provisions  of  this  section  shall  be  fined 
not  less  than  five  ($5.00)  dollars,  nor  more  than  twenty-five  ($25.00)  dollars. 
(See  Buildings.) 


127 


Ch.  15  STREETS— CONSTRUCTION  OF. 

CHAPTER  15.  ARTICLE  3. 

PRESCRIBING  UNIFORM  REGULATIONS  AND 
SPECIFICATIONS  FOR  THE  IMPROVE- 
MENT OF  STREETS. 

Sec.  576.  General  Provisions  Shall  Govern.  The  following  regulations 
and  specifications  for  the  improvement  of  streets,  avenues  and  public  ways  of 
the  City  of  Lexington,  and  for  the  guidance  of  the  City  officials  named  herein 
are  hereby  adopted  ; and  the  improvement  of  any  street,  avenue  or  public  way  with 
any  material  named  herein  shall  be  done  in  strict  accordance  with,  and  subject  to, 
the  provisions  of  this  ordinance  and  the  specifications  prescribed  herein  for  that 
material,  unless  otherwise  provided  in  the  ordinance  ordering  such  improvement. 

Sec.  577.  Definition.  Where  the  word  “City”  is  used  in  this  ordinance, 
it  shall  mean  the  City  of  Lexington,  Kentucky.  The  words  “Board  of  Public 
Works”  shall  mean  the  Board  of  Public  Works  of  the  City  of  Lexington;  the 
words  “City  Engineer”  shall  mean  the  City  Engineer  of  said  City  of  Lexington, 
or  his'  duly  appointed  or  elected  assistants.  The  word  “Contractor”  shall  mean 
the  person,  corporation  or  firm  having  the  contract  for  the  work  in  question. 
If  at  any  time  there  is  no  Board  of  Public  Works,  the  duties  herein  prescribed 
for  said  Board  shall  be  performed  by  the  Superintendent  of  Public  Works  or 
such  other  officer,  agent  or  employee  as  the  General  Council  may  designate. 

Sec.  578.  Grade.  The  grade  of  a street  ordered  to  be  improved  shall  be 
as  fixed  by  the  City  Engineer,  and  set  forth  in  the  plans  and  profile  on  file  in  his 
office. 

Sec.  579.  Assessment  of  Cost.  The  cost  of  such  improvement  shall  be 
paid  by  assessment  of  a special  or  local  tax  on  the  abutting  lots  and  parcels  of 
land  in  the  manner  provided  by  law,  the  City  paying  for  the  improvements  of 
intersections  of  other  streets,  but  mere  repairs  not  amounting  to  a reconstruction 
or  resurfacing,  shall  be  paid  for  by  the  City  out  of  its  general  fund;  Provided 
the  improvement  of  that  part  of  any  street  lying  between  the  rails  of  the  tracks 
of  the  Kentucky  Traction  and  Terminal  Company  and  eighteen  (18)  inches 
outside  thereof,  and  between  its  double  tracks,  including  repairs  to  such  portions 
of  the  street,  shall  be  paid  for  by  such  railway  company  and  be  assessed  against 
its  property  as  provided  by  law.  If  any  improvement  is  made  on  the  ten  (10) 
year  or  other  annual  payment  plan,  the  City  will,  upon  completion  and  acceptance 
of  the  work,  issue  bonds  for  such  part  of  the  cost  thereof  as  may  not  be  paid 
in  cash,  and  for  the  payment  of  which  agreements  are  signed  as  provided  by  law, 
and  will  apply  the  proceeds  of  such  bonds,  when  sold  or  deliver  them  to  the  Con- 
tractor, as  provided  in  Section  3102  Kentucky  Statutes,  in  payment  for  such 
work.  Said  bonds  will  be  exempt  from  taxation  by  the  City. 

Sec.  580.  Collection  of  Assessments.  The  Contractor  may,  by  suit  in 
his  own  name  or  in  the  name  of  the  City,  enforce  collection  of  such  local  and 
special  taxes  and  foreclose  the  lien  therefor,  but  all  such  suits  shall  be  at  the  sole 
cost  and  expense,  both  ordinary  and  extraordinary,  of  the  Contractor,  and  the 
City  shall  be  liable  for  no  part  thereof.  The  City  agrees  to  bring  suit,  within  a 
reasonable  time  after  the  same  becomes  delinquent,  for  the  collection  of  delinquent 
assessments  in  cases  where  the  persons  owing  such  assessments  have  entered 
into  agreements  with  the  City  to  pay  same  and  to  waive  all  defenses  to  the 
payment  thereof,  in  the  manner  provided  by  Section  3101,  Kentucky  Statutes, 
and  amendments  thereto. 


128 


STREETS— CONSTRUCTION  OF. 


Ch.  15 


Sec.  581.  Old  Material.  In  the  improvement  of  streets  previously  im- 
proved at  the  cost  of  abutting  property  owners,  each  property  owner  shall  be 
entitled  to  his  proportion  of  the  old  material  abutting  his  property,  but  must  re- 
move same  within  forty-eight  (48)  hours  from  the  time  it  is  loosened  and  ready 
to  be  taken  from  the  street.  If  not  so  removed  by  the  owner,  the  City  may 
designate  in  the  ordinance  ordering  such  improvement  its  right  to  all  or  any  part 
of  such  material,  and  require  the  contractor,  at  his  own  expense,  to  remove  same 
to  any  point  designated  by  the  City  Engineer  not  to  exceed  two  thousand  and 
five  hundred  (2,500)  feet,  and  should  the  distance  exceed  this,  then  the  con- 
tractor shall  be  allowed  one  (1)  cent  per  cubic  yard  for  each  additional  one 
hundred  (100)  feet,  to  be  paid  for  as  extra.  Unless  otherwise  provided,  the 
contractor  may  use  such  old  material  in  the  new  work  as  may  be  satisfactory 
to  the  Engineer,  or  at  his  own  expense  remove  all  or  the  remainder  from  the 
work.  In  the  event  it  is  necessary  for  the  City  to  provide  a place  for  the  dis- 
posal of  such  material  not  used  or  disposed  of  by  the  contractor,  the  distance 
and  terms  of  such  haul  shall  be  as  above  set  forth. 

Sec.  582.  Advertisement  for  Bids.  Upon  the  passage  of  an  ordinance 
ordering  the  improvement  of  any  street  by  local  assessment,  the  Commissioner  of 
Public  Works  shall  advertise  for  a period  of  not  less  than  five  (5)  days  in  the 
Official  Newspaper  of  the  City  for  bids  for  the  work,  stating  time  and  place  when 
bids  will  be  opened,  and  report  all  bids  to  the  Board  of  Commissioners  or  other 
governing  authority  of  the  City,  which  shall  have  the  right  to  reject  any  or  all 
bids. 

Sec.  583.  Bids.  Each  bid  on  each  separate  piece  of  work  shall  be 
accompanied  by  a certified  check,  payable  to  the  City  of  Lexington,  in  such  sum 
as  the  ordinance  for  the  improvement  shall  require,  and  if  no  amount  is  fixed 
by  such  ordinance,  the  check  shall  be  for  five  hundred  ($500.00)  dollars,  the  same 
to  become  the  property  of  the  City  as  liquidated  damages,  if  such  bid  be  accepted 
and  the  bidder  fails  to  enter  into  contract  with  the  City  for  the  work,  and  execute 
bond  therefor  as  provided  in  the  next  section ; or,  the  bidder  may  accompany  his 
bid  by  a bond  to  the  City  in  said  required  sum,  made  on  a form  to  be  provided  by 
the  City,  with  some  solvent  guarantee  company,  authorized  to  do  business  in 
Kentucky,  as  surety,  the  amount  of  said  bond  to  become  payable  to  the  City  as 
liquidated  damages  if  the  bid  be  accepted  and  the  bidder  fails  to  enter  into  con- 
tract and  to  execute  bond  as  provided  in  Section  584.  Bids  shall  include  the  cost 
of  all  necessary  grading  and  excavation,  no  separate  bid  being  made  therefor, 
but  the  cost  of  same  being  included  in  the  bid  for  the  other  items  of  the  work. 
For  improvement  of  streets  having  street  railway  tracks  thereon,  separate  bids 
shall  be  submitted  for  that  part  of  the  work  to  be  paid  for  by  the  railway  com- 
pany. Upon  receipt  of  bids  the  General  Council  may  determine  the  kind  of 
material  to  be  used  and  accept  a bid  for  that  material.  Bids  will  be  opened 
publicly  by  the  Mayor  and  Joint  Improvement  Committee  at  the  time  and  place 
designated  in  the  advertisement.  When  any  bid  is  rejected  the  check  deposited 
therewith  shall  be  returned  to  the  bidder,  or  the  bond  shall  be  cancelled.  An 
acceptance  of  a bid  for  any  work  shall  be  deemed  a rejection  of  all  other  bids 
for  the  same  work.  On  streets  where  the  Kentucky  Traction  and  Terminal 
Company  maintains  car  lines  two  bids  must  be  submitted ; one  on  the  portion  of 
the  street  to  be  maintained  by  said  Company,  and  one  on  the  remainder  of  the 
street,  the  City  reserving  the  right  to  accept  the  bids  as  to  the  whole  street  or 
just  as  to  the  part  not  maintained  by  the  Railway  Company.  All  bids  shall  state 
prices  bid  both  in  writing  and  in  figures,  and  must  be  submitted  on  blank  forms 
furnished  by  the  City  to  the  bidder.  All  bids  must  be  sealed. 

Sec.  584.  Contract  and  Bond.  Upon  the  acceptance  of  a bid  for  any  such 
improvement,  the  bidder  shall,  without  unnecessary  delay,  and  within  thirty  (30) 


Ch.  15 


STREETS— CONSTRUCTION  OF. 


129 


days  from  the  acceptance  of  his  bid  by  the  General  Council,  enter  into  contract 
with  the  City  for  such  work  in  accordance  with  the  ordinances  and  specifications 
therefor,  and  shall  execute  to  the  City  a bond  in  a sum  equal  to  thirty  (30)  per 
cent,  of  the  total  amount  of  his  bid  as  estimated  by  the  City  Engineer,  with  some 
solvent  guarantee  company  authorized  to  do  business  in  Kentucky,  as  surety, 
ior  the  full,  complete  and  faithful  performance  of  the  contract  in  every  re- 
spect, and  that  the  bidder  will  indemnify  the  City  against  any  and  all  loss  or 
damage  it  may  sustain  by  reason  of  any  injury  to  persons  or  property  resulting 
from  the  negligence,  carelessness  or  other  act  of  the  Contractor,  his  agents  or 
employees,  in  the  execution  of  the  work,  other  than  injury  to  property  necessarily 
caused  by  the  proper  execution  of  the  work  as  required  by  the  ordinance  therefor. 
If  any  damage  suits  are  brought  against  the  City  for  any  such  injury  to  person 
or  property,  the  Contractor  shall  immediately,  upon  receipt  of  notice  from  the  City 
of  such  suit,  assume  the  defense  of  same  and  bear  all  expenses  thereof  and 
satisfy  any  judgment  which  may  be  obtained  therein  against  the  City.  Such  bond 
shall  guarantee  the  work  for  a period  of  five  (5)  years  from  completion  and 
acceptance  thereof  if  the  improvement  be  of  brick,  asphalt,  asphalt  block,  granite, 
concrete  or  other  improved  material,  and  for  a period  of  two  (2)  years  if  the  im- 
provement be  with  macadam,  or  asphalt  binder,  against  all  defects  occurring 
therein  by  reason  of  defective  workmanship  or  material,  and  that  the  contractor 
will,  at  his  own  expense,  repair  all  such  defects  occurring  in  said  work  within 
such  periods,  and  it  shall  be  a further  condition  of  said  contract  and  bond  that 
if  the  Contractor  fails  to  make  any  such  repairs  for  twenty  (20)  days  after  notice 
from  the  City,  delivered  to  him  or  mailed  to  him  at  his  last  known  address,  the 
"City  may  make  such  repairs  and  charge  the  cost  of  same  to  the  Contractor,  and 
the  said  Contractor  and  his  bondsmen  shall  be  liable  to  the  City  for  the  cost  of 
said  repairs.  In  the  improvement  of  streets  having  thereon  tracks  of  the  Ken- 
tucky Traction  and  Terminal  Company,  the  Contractor  will  execute  a like  bond 
to  said  Company  as  to  its  part  of  said  improvement. 

Sec.  585.  Prosecution  of  Work.  The  Contractor  shall  begin  work  within 
thirty  (30)  days  from  the  acceptance  of  his  bid  and  will  use  all  reasonable  and 
proper  diligence  in  prosecuting  the  same  to  completion  with  an  adequate  force  of 
men  and  teams  and  the  necessary  appliances  and  machinery  to  carry  on  the  work, 
without  interruption,  in  a manner  and  with  such  speed  and  progress  as  will  be 
commensurate  and  in  keeping  with  the  character,  extent  and  magnitude  of  the 
work  to  be  done. 

For  any  reason  satisfactory  to  it,  the  Joint  Improvement  Committee  may 
postpone  the  date  for  the  commencement  of  work  upon  any  street,  alley  or  public 
way  for  a reasonable  time,  and  may  suspend  such  work  when  commenced  for  a 
reasonable  time ; but,  in  the  event  of  such  postponement  or  suspension,  a corres- 
ponding period  of  time  in  fair  working  weather  shall  be  added  to  the  time  for  the 
completion  of  the  work. 

The  work  shall  be  done  in  a proper  and  first  class  manner  in  every  respect, 
and  shall  conform  strictly  to  the  prescribed  plans  and  specifications.  If  any  con- 
tractor abandon  such  work  for  ten  (10)  days,  or  fail  to  prosecute  the  same  with 
the  required  diligence  for  such  period,  except  for  causes  beyond  his  control,  the 
City  may,  after  ten  (10)  days’  written  notice,  delivered  to  the  contractor,  or 
mailed  to  him  at  his  last  known  address,  let  the  work  to  another  contractor,  or 
may  have  said  work  done  and,  in  either  case,  charge  the  cost  of  the  completion 
thereof  to  the  original  contractor,  and  pay  the  same  out  of  the  contract  price, 
and  if  such  contract  price  be  insufficient,  the  excess  shall  be  paid  by  the  original 
contractor,  and  his  bondsmen  shall  be  liable  therefor,  but  nothing  herein  shall  be 
construed  as  excluding  the  City  from  exercising  any  other  right  or  remedy  at  law 
which  it  may  have  against  any  contractor  failing  to  comply  with  his  contract. 


130 


STREETS— CONSTRUCTION  OF. 


Ch.  15 


Sec.  586.  Use  of  Street  Not  Deemed  Acceptance.  The  work  shall  be  pros- 
ecuted on  such  square  or  squares  as  the  City  Engineer  may  from  time  to  time 
direct.  Each  square  or  squares,  as  soon  as  completed  (allowing  sufficient 
time  for  said  work  to  set)  shall  be  thrown  open  to  the  public,  but  such  opening 
or  using  of  the  same  shall  not  be  deemed  or  held  to  be  an  acceptance  of  that  part 
of  the  work. 

Sec.  587.  Travel  Not  To  Be  Impeded.  Upon  any  stoppage  of  the  work 
all  material  shall  be  piled  up  neatly  by  the  Contractor,  so  as  not  to  impede  the 
travel  on  the  sidewalks,  or  at  the  intersection  of  streets,  or  the  use  of  fire  plugs. 
Upon  completion  of  the  work  all  rubbish  or  surplus  material  must  be  removed 
immediately  from  the  street  by  the  Contractor. 

Sec.  588.  Gas,  Water  and  Sewer  Lines.  The  City  expressly  reserves  the 
right  to  construct  sewers  and  connections;  to  permit  connections  of  private 
sewers  with  main  sewers ; to  lay  water  or  gas  mains,  and  to  grant  permits  for 
house  connections  with  sewers,  or  with  water  or  gas  pipes  at  any  time  prior  to 
the  completion  of  the  sub-grade,  or  the  City  Engineer  may  order  the  Contractor 
to  do  the  same,  and  the  City  reserves  the  right  to  suspend  work  on  any  square 
at  any  time  during  the  improvement  of  same  for  the  purpose  above  stated,  and 
the  Contractor  shall  not  interfere  with  or  place  any  impediment  in  the  way  of  any 
person  or  persons  who  may  be  engaged  in  the  construction  of  such  sewer  or 
sewers,  or  in  laying  such  gas  or  water  mains,  or  making  connections  therewith, 
or  doing  other  work  above  specified.  In  any  such  case  the  Contractor  shall  not 
be  entitled  to  any  damage  for  the  digging  up  of  the  streets,  or  for  the  delay,  but 
shall  be  allowed  and  paid  by  the  City  for  any  work  and  material  made  necessary 
on  his  part  at  the  actual  cost  thereof  plus  fifteen  (15)  per  cent.,  and  no  part  of 
such  cost  shall  be  estimated  in  the  cost  of  the  improvement  of  said  street,  nor 
shall  the  Contractor  be  held  responsible  for  damage  to  any  pipes,  sewers,  con- 
duits, etc.,  that  are  above  the  sub-grade,  but  he  shall  use  all  reasonable  care  in 
preventing  damage  thereto.  The  Contractor’s  time  for  completing  his  contract 
shall  be  extended  as  many  days  as  he  is  thus  delayed. 

If,  in  the  improvement  of  a street,  it  becomes  necessary  to  change  the  grade 
or  location  of  any  water  pipe,  gas  pipe  or  conduit,  or  any  other  like  thing,  and  if 
the  person  or  company  owning  same  shall  fail  upon  notice  to  change  same,  then 
said  change  shall  be  made  to  the  proper  line,  grade  or  location  by  the  contractor, 
and  the  City  shall  pay  him  therefor,  and  such  person  or  company  shall  be  held 
liable  to  reimburse  the  City. 

Sec.  589.  Material.  All  materials  furnished,  unless  otherwise  specified, 
must  be  of  a quality  equal  to  the  best  of  its  respective  kind  and  must  meet  with 
the  approval  of  the  City  Engineer,  and  any  work  or  material  not  in  accordance 
with  the  specifications,  or  damaged  from  any  cause  before  the  completion  or 
acceptance,  shall  be  rejected  by  the  Engineer  and  ordered  acceptably  replaced. 

In  case  the  Contractor  shall  refuse  to  begin  after  written  notice  from  the 
City  Engineer  to  remove  such  rejected  material  or  repair  such  rejected  work 
within  twenty-four  (24)  hours,  the  same  may  be  removed  and  replaced  by  the 
City  at  the  Contractor’s  expense. 

The  Contractor  shall,  whenever  required,  furnish  to  the  City  Engineer 
samples  of  any  materials  proposed  to  be  used  by  him.  Where  samples  fail  to 
stand  required  test,  cost  of  same  must  be  borne  by  the  Contractor,  otherwise  they 
shall  be  included  in  the  cost  of  such  construction  and  charged  to  abutting 
property. 

Sec.  590.  Measurements.  No  extra  or  customary  measurements  of  any 
kind  will  be  allowed  in  measuring  the  work  under  the  specifications,  but  the 


Ch.  15 


STREETS— CONSTRUCTION  OF 


131 

actual  length,  area,  solid  contents  or  number  shall  be  considered.  If  at  any  time 
an  overseer  or  workman,  employed  by  the  Contractor,  is  found  by  the  City 
Engineer  and  Board  of  Public  Works  to  be  incompetent  or  disorderly,  the  Con- 
tractor shall  forthwith  dismiss  such  person,  and  no  longer  employ  him  on  any 
part  of  the  work. 

Sec.  591.  Precautions.  All  necessary  night  and  day  guardsmen,  barri- 
cades and  lights  shall  be  employed,  erected  and  maintained  on  the  work  by  the 
Contractor  to  protect  persons  and  property  from  injury. 

Sec.  592.  Inspectors.  The  City  Engineer  is  authorized  to  employ  in- 
spectors of  street  construction  work,  not  exceeding  one  inspector  for  each'  street 
under  construction,  at  a cost  of  not  exceeding  three  ($3.00)  dollars  per  day 
for  each  inspector,  during  the  progress  of  the  work,  to  be  paid  by  the  City,  and 
the  amount  so  paid  shall  be  added  to  the  contract  price  of  the  work  and  included 
in  the  assessment  therefor,  and  the  amount  so  paid  shall  be  deducted  by  the 
City  from  the  first  funds  paid  in  on  account  of  the  assessments  for  such  work 
and  replaced  to  the  fund  from  which  it  was  drawn. 

Sec.  593.  Tax  Bills.  Upon  passage  of  an  ordinance  making  an  assess- 
ment and  levying  a special  tax  for  a local  improvement,  the  Auditor  shall  make 
out  proper  tax  bills  for  the  tax  so  assessed  and  levied,  and  place  them  in  the 
hands  of  the  City  Treasurer  for  collection.  The  City  Treasurer  will  thereupon 
publish  in  the  Official  Newspaper  of  the  City  a notice  requiring  all  owners  of 
property  fronting  and  abutting  on  such  improvement  to  pay  the  taxes  so  assessed 
and  levied  upon  their  said  property  within  thirty  (30)  days  after  the  publication 
of  the  ordinances  assessing  and  levying  same.  At  the  expiration  of  said  thirty 
(30)  days  all  unpaid  tax  bills  shall  be  returned  to  the  Auditor,  who  shall  hold 
them  till  paid  or  withdrawn  for  the  purpose  of  suit  thereon. 

Sec.  594.  Extra  Work.  Any  labor  or  material  required  of  the  Con- 
tractor, not  otherwise  specified,  shall  be  paid  for  on  a basis  of  actual  cost  of 
material  and  labor  plus  fifteen  (15)  per  cent.,  unless  otherwise  agreed  upon,  the 
cost  of  same  to  be  included  in  the  cost  of  the  improvement,  if  properly  chargeable 
thereto,  otherwise  to  be  paid  by  the  City. 

Sec.  595.  Validity  of  Ordinances  Preserved.  The  foregoing  sections  are 
intended  to  provide  general  regulations  concerning  the  improvement  of  streets 
and  for  the  guidance  of  certain  City  officials  in  their  duties  with  reference  thereto. 
A failure  of  the  General  Council  or  any  City  official  to  comply  with  any  pro- 
vision hereof  shall  not  affect  or  invalidate  any  ordinance  relating  to  the  improve- 
ment of  any  street,  or  any  ordinance  assessing  and  levying  a tax  to  pay  for  such 
improvement,  unless  such  omission  or  failure  shall  violate  some  law  of  the  State 
relating  thereto. 

Sec.  596.  Rights  of  City  Preserved.  Any  enumeration  of  rights,  priv- 
ileges and  remedies  of  the  City  under  this  ordinance  shall  not  be  construed  as 
excluding  the  City  from  any  other  right  or  remedy  at  law  or  in  equity  which  it 
may  have  in  case  of  failure  of  any  Contractor  to  comply  with  the  terms  of  any 
contract  made  under  the  provisions  of  this  ordinance. 

SUB-GRADE. 

Sec.  597.  Excavations.  The  sub-soil  and  other  material  must  be  exca- 
vated to  such  a depth  as  will  allow  for  the  required  amount  of  material  necessary 
for  the  construction  of  the  street.  After  excavations  have  been  made  to  the 
proper  depth  for  laying  the  roadway  all  places  in  the  sub-soil  that  are  soft  and 
spongy,  or  ditches  that  have  not  been  refilled  long  enough  to  thoroughly  com- 


STREETS— CONSTRUCTION  OF 


T32 


Ch.  15 


pact,  if  not  compacted  when  refilling,  shall  be  filled  with  satisfactory  material 
and  tamped  and  rolled  until  it  meets  the  approval  of  the  City  Engineer. 

All  portions  of  the  roadway  not  compacted  by  the  roller  such  as  along 
the  curb,  and  street  railways,  around  manhole  covers,  valve  covers,  etc.,  shall  be 
thoroughly  compacted  by  hand-ramming  without  additional  compensation  there- 
for. In  grading,  every  precaution  deemed  necessary  by  the  Engineer  to  protect 
the  sewer,  water  and  gas  appurtenances,  such  as  man-holes,  valve  boxes,  lamp 
holes,  etc.,  shall  be  taken  by  the  contractor,  and  any  injury  to  any  portion  of 
same  shall  be  fully  repaired  by  him,  except  as  otherwise  provided  in  Section  588. 

Sec.  598.  Embankment.  In  embankment,  the  work  must  be  commenced 
at  the  slope  stakes  and  be  deposited  in  layers  or  courses  not  exceeding  six  (6) 
inches  in  thickness  when  first  spread,  and  the  layers  and  courses  must  be  concave 
in  form,  commencing  at  the  sides  and  keeping  the  same  at  least  one  (1)  foot 
higher  than  the  center,  until  the  sides  are  up  to  the  required  height  when  the 
remaining  portion  of  the  earth  will  be  deposited  in  four  (4)  inch  layers,  so  as  to  • 
conform  to  the  proper  shaping  of  the  street ; each  layer  to  be  thoroughly  com- 
pacted by  rolling  with  a steam  roller  weighing  at  least  eight  (8)  tons.  The  con- 
tractor must  direct  the  movements  of  the  wagons  and  carts  used  on  the  work,  so 
that  all  parts  of  the  embankment  shall  be  equally  compacted. 

Sec.  599.  Protection.  All  hauling  upon  the  sub-grade,  while  the  same  is 
wet  and  soft  from  rain  or  any  cause,  will  be  done  at  the  contractor’s  risk.  No 
foundation  material  will  be  placed  upon  the  sub-grade  while  it  is  cut  up  by  ridges 
or  ruts,  and  all  ruts  and  ridges  must  be  smoothed  off  and  rammed  or  rolled  to 
the  entire  satisfaction  of  the  Engineer  before  any  material  is  dumped  upon  the 
same.  When  the  sub-grade  is  brought  to  a near  finish,  stakes  will  be  driven  to 
sub-grade  by  the  City  Engineer  or  his  inspector,  at  intervals  necessary  to  get 
the  surface  to  the  proper  elevation. 

CONCRETE  FOUNDATION. 

1 • 

Sec.  600.  Thickness.  Upon  the  roadbed  thus  prepared  shall  be  laid  a 
bed  of  concrete  six  (6)  inches  thick,  composed  of  cement,  sand  and  stone,  to  be 
mixed  as  prescribed  in  Sections  601,  602,  603  and  604. 

Sec.  601.  Cement.  The  cement  used  must  meet  the  requirements  as 
specified  in  the  1911  specifications  as  adopted  by  the  American  Society  for  Test- 
ing Materials. 

Sec.  602.  Sand.  The  sand  in  the  concrete  must  be  coarse,  clean  sharp 
sand  equal  to  Ohio  river  washed  sand  and  otherwise  satisfactory  to  the  City 
Engineer.  If,  in  the  opinion  of  the  Engineer,  stone  screenings  are  free  from 
earth  and  other  objectionable  matter,  he  may  permit  same  to  be  used  to  replace 
sand  in  an  amount  not  to  exceed  one  (1)  part  screenings  to  two  (2)  parts  sand. 

Sec.  603.  Stone.  The  stone  for  the  concrete  shall  be  equal  to  native  hard 
gray  limestone,  free  from  clay,  earth  or  other  foreign  substances.  All  the  stones 
used  must  pass  a 2.5  ring,  but  when  stone  used  is  of  a uniform  size  larger  than 
will  pass  a 1.5  ring  it  must  be  mixed  with  screenings  in  the  ratio  of  five  (5)  parts 
stone  to  one  (1)  part  screenings,  and  two  (2)  parts  sand.  When  stone  is  used 
that  is  uniformly  graded  in  sizes  from  one-half  i1/^)  to  two  and  one-half  (2^) 
inches,  no  screenings  are  to  be  used.  The  screenings  used  in  sand  concrete  must 
not  contain  more  than  fifteen  (15)  per  cent,  of  dust  that  will  pass  a 100  screen. 

The  size  of  stone  preferable  under  these  specifications  would  be  crusher 
run  with  all  dust  and  stones  smaller  than  one-fourth  (J4)  inch  and  larger  than, 
three  (3)  inches  removed. 


Ch.  15 


STREETS— CONSTRUCTION  OF 


i33 


Sec.  604.  Mixing  and  Laying.  The  concrete  shall  consist  of  one  (1) 
part  cement,  three  (3)  parts  sand  and  six  (6)  parts  broken  stone  of  the  ma- 
terials specified  and  the  volumes  required  taken  by  actual  definite  measurements. 
All  concrete  shall  be  mixed  by  measure  and  if  by  machine  preferably  by  a batch 
machine,  the  water  being  added  while  being  mixed  and  mixing  to  be  continuous 
at  least  one  (1)  minute  before  being  emptied.  The  consistency  to  be  agreed 
upon  with  the  Engineer  in  charge. 

When  concrete  is  mixed  by  hand,  the  mixing  shall  be  done  on  a tight 
wooden  platform  in  definite  measured  batches,  and  mixed  as  follows : Mix 

sand  and  cement  thoroughly  while  dry  by  turning  at  least  two  (2)  times,  then  add 
the  stone  after  same  has  been  well  watered.  After  stone  has  been  added  the  batch 
shall  be  turned  at  least  twice  (2)  before  the  water  is  added  and  at  least  three  (3) 
times  after  the  addition  of  the  water.  The  water  to  be  added  by  sprinkling 
and  not  poured  from  buckets  or  other  vessels. 

All  concrete  shall  immediately  be  put  in  position  and  it  must  be  in  place 
and  all  settling  or  tamping  as  required  done  within  one-half  hour  after  the 
water  is  added. 

No  walking  or  driving  over  the  uncovered  concrete  foundation  will  be 
permitted  until  it  shall  have  set  for  seven  (7)  days  or  such  time  as  the  Engineer 
may  direct,  and  then  only  such  hauling  as  is  necessary  for  the  completion  of  the 
street,  or  for  property  owners  who  are  compelled  to  have  an  ingress  or  egress. 
Concrete  shall  be  planked  at  street  and  alley  crossings  to  permit  travel  to  cross 
it  without  injury.  Concrete  shall  be  sprinkled  once  before  eight  a.  m.  and  once 
after  five  p.  m.,  each  day  for  a period  of  three  (3)  days  after  laying,  and  be  pro- 
tected from  frost  in  cold  weather  by  covering  with  suitable  material.  When  a 
sand  cushion  is  necessary  for  the  surface  paving,  the  surface  of  the  concrete  must 
be  perfectly  smooth  and  even.  If  the  street  be  of  uniform  cross-section  the  con- 
tractor must  furnish  templates  or  suitable  appliances  approved  by  the  Engineer 
to  get  the  proper  curve. 

HEADER  STONES. 

Sec.  605.  Header  Stones.  Header  stones  shall  be  laid  in  such  a manner 
and  at  such  places  on  the  work  as  the  City  Engineer  may  direct. 

The  header  stones  shall  be  either  constructed  of  five  (5)  courses  of  brick 
or  of  limestone  headers.  If  limestone  is  used  it  must  be  hard  and  durable  and 
measure  not  less  than  five  (5)  nor  more  than  seven  (7)  inches  in  thickness  across 
the  top,  not  less  than  fifteen  (15)  inches  in  depth,  and  not  less  than  four  (4) 
feet  in  length.  It  must  be  pointed  off  on  top  and  for  three  (3)  inches  down  on 
the  face.  After  setting  all  the  joints  beneath  and  all  the  open  space  in  the  rear 
or  side  opposite  the  street  must  be  filled  with  concrete. 

Where  five  (5)  course  brick  headers  are  used  it  shall  be  laid  on  the 
foundation  and  in  all  respects  according  to  the  specifications  of  brick  paving. 

SHEET  ASPHALT  PAVEMENT,  TYPE  A. 

Sec.  606.  General  Provisions.  The  provisions  as  set  forth  in  Sections 
576  to  596  inclusive  shall  apply. 

Sec.  607.  Sub-Grade.  The  provisions  as  set  forth  in  Sections  597,  598 
and  599  apply. 

Sec.  608.  Foundation.  The  provisions  as  set  forth  in  Sections  600  to 
604  shall  apply. 


134 


STREETS— CONSTRUCTION  OF  Ch.  15 

Sec.  609.  Header  Stones.  The  provisions  as  set  forth  in  Section  605 
shall  apply. 

Sec.  610.  The  pavement  proper  shall  consist  of  a binder  course  one  (1) 
inch  in  thickness  when  compressed,  and  a wearing  surface  of  asphalt  of  two  (2) 
inches  thick  when  compressed. 

Sec.  61 1.  Binder  Course.  Stone  to  be  used  for  asphaltic  binder  shall  be 
clean,  hard,  durable  limestone  or  crushed  boulders,  free  from  all  foreign  sub- 
stances and  of  varying  sizes,  from  one  (1)  inch  down  and  free  from  dust. 

If  the  stone  is  not  graded  and  does  not  contain  an  amount  of  fine  material 
sufficient  to  make  a reasonably  dense  mixture,  sand  may  be  added  as  directed  by 
the  Engineer,  until  the  required  consistency  is  obtained. 

The  binder  stone  as  above  specified  shall  be  heated  to  from  two  hundred 
(200)  to  three  hundred  (300)  degrees  F.,  in  suitable  appliances,  measured  and 
mixed  with  sufficient  asphaltic  cement  prepared  as  hereinafter  specified,  in  such 
proportions  that  the  resulting  aggregate  will  contain,  by  weight,  material  passing 
a No.  10  mesh  screen,  between  ten  (10)  and  thirty  (30)  per  cent,  and  bitumen  in 
quantity  from  five  (5)  to  nine  (9)  per  cent,  of  the  entire  mixture.  Binder  thus 
prepared  shall  be  a compact  mass  containing  a minimum  of  voids. 

The  binder  shall  be  brought  to  the  work  in  wagons  covered  with  canvas 
or  other  suitable  material,  and  upon  reaching  the  street  shall  have  a temperature 
of  two  hundred  (200)  to  three  hundred  (300)  degrees  F.  It  shall  be  placed  upon 
the  street  and  raked  to  a uniform,  surface,  which  shall  show  at  no  place  an  excess 
of  asphaltic  cement,  and  any  spot  covering  an  area  of  one  (1)  square  foot  or 
more  showing  an  excess  of  asphaltic  cement,  shall  be  cut  out  and  replaced  with 
other  material.  Smaller  spots  may  be  dried  by  the  use  of  stone  dust  and 
smoothers. 

Any  binder  broken  up  during  the  process  of  laying  must  be  removed  and 
replaced  with  new  material.  The  binder  shall  be  followed  and  covered  with  wear- 
ing surface  as  soon  as  is  practicable  in  order  to  effect  the  most  thorough  bond 
between  the  binder  and  the  wearing  course. 

Sec.  612.  Wearing  Surface.  The  pavement  mixture  for  the  wearing  sur- 
face shall  be  composed  of : 

1.  Asphalt. 

2.  Flux. 

3.  Asphalt  Cement. 

4.  Sand. 

5.  Filler. 

Sec.  613.  Asphalt.  The  term  “Asphalt”  shall  be  construed  to  signify  any 
solid  natural  mineral  bitumen,  either  pure  or  associated  with  mineral  matter,  or 
any  other  solid  bitumen  of  natural  origin  having  the  properties  and  characteristics 
hereinafter  named  and  described,  which  has  been  satisfactorily  used  in  the  con- 
struction of  sheet  asphalt  pavements. 

Sec.  614.  Refined  Asphalt.  The  refined  asphalt  shall  be  obtained  by  re- 
fining the  natural  material  until  the  product  is  homogeneous  and  free  from  water. 
It  must  contain  not  less  than  fifty-six  (56)  per  cent,  of  bitumen  soluble  in  carbon 
disulphide,  and  of  the  bitumen  thus  soluble  not  less  than  sixty-eight  (68)  per 
cent,  shall  be  soluble  in  Pennsylvania  petroleum  naptha  having  a specific  gravity 
of  .65  at  seventy-seven  (77)  degrees  Fahrenheit;  or  if  it  does  not  contain  this 
amount  of  bitumen  soluble  in  naptha,  but  is  satisfactory  in  other  respects,  the 
deficiency  may  be  supplied  by  the  use  of  such  a flux,  satisfactory  to  the  City 
Engineer,  as  to  bring  it  to  the  required  standard,  but  in  no  event  shall  flux  of 


Ch.  15 


135 


STREETS— CONSTRUCTION  OF 


any  kind  be  used  in  excess  of  thirty  (30)  per  cent  of  the  weight  of  the  refined 
natural  asphalt. 

Asphalt  prepared  by  distillation  of  asphaltic  petroleum  must  be  manu- 
factured specially  for  paving  purposes  and  shall  be  of  a consistency  before  Aux- 
ins' such  that  a No.  2 needle  weighted  with  one  hundred  (100)  grams  shall  pene- 
trate at  least  four  (4)  millemeters  at  seventy-seven  (77)  Fahrenheit  Of  the 
bitumen  which  such  asphalts  contain  which  is  soluble  in  carbon  disulphide  not 
more  than  one  and  one-half  (1/2)  per  cent,  shall  be  insoluble  in  carbon  tetra- 
chloride. 

The  bitumen  contained  in  any  asphalt  to  be  used  shall  yield  upon  ig^on 
not  more  than  fifteen  (15)  per  cent,  of  fixed  carbon  as  determined  by  the  method 
recommended  by  the  Committee  of  the  American  Chemical  Society.  The  solid 
residue  so  obtained  shall  be  soluble  in  carbon  tetrachloride  to  the  extent  of  9^/2 


per  cent. 

Sec  15.  Flux.  The  heavy  petroleum  semi-asphaltic  flux  used  in  the 
manufacture  of  the  asphaltic  cement  shall  be  a petroleum  from  which  the  lighter 
oils  have  been  removed  by  distillation  without  cracking,  until  it  has  a specific 
gravity  of  from  fifteen  (15)  to  twenty  (20)  degrees  Beaume,  and  shall  have  the 
^following  characteristics : 

Flash  test  of  not  less  than  350  degrees  Fahrenheit. 

Specific  gravity  not  less  than  94  nor  more  than  102  at  77  degrees  Fahren- 
heit. 

After  five  (5)  hours  evaporation  at  500  degrees  F.  to  a solid,  its  penetra- 
tion at  77  degrees  F.  shall  be  5°  and  its  ductility  no  less  than  30. 

If  aspahltic  not  more  than  eight  (8)  per  cent,  volatile  at  325  degrees  Fah- 
renheit in  seven  (7)  hours,  when  twenty  (20)  grams  are  heated  in  an  open  cylin- 
drical dish  about  two  and  one-half  ( 2 */2)  inches  in  diameter,  and  about  one  and 
one-half  (1  y2)  inches  high,  in  an  oven,  the  temperature  of  which  is  noted  by  a 
thermometer,  the  bulb  of  which  is  immersed  in  a similar  dish  of  oil,  alongside 
that  which  is  being  tested. 


Sec.  616.  Asphalt  Cement.  The  asphaltic  cement  shall  be  prepared  by 
fluxing  refined  asphalt  with  a heavy  petroleum  oil  complying  with  the  specifica- 
tions mentioned  above,  at  a temperature  of  about  325  degrees  Fahrenheit,  using 
such  proportions  not,  however,  in  excess  of  thirty  (30)  parts  of  flux  to  one 
hundred  (100)  parts  of  refined  natural  asphalt  as  will  produce  a cementing  ma- 
terial having  the  following  proportions : 

A briquette  of  the  pure  bitumen  of  forty  (40)  penetration  at  77  degrees 
Fahrenheit,  having  a minimum  cross-section  of  one  (1)  square  centimeter,  must 
have  a sufficient  ductility  to  stretch  to  a distance  of  not  less  than  twenty-five 
(25)  centimeters  before  breaking,  when  tested  at  77  degrees  Fahrenheit. 

The  proportion  of  the  total  bitumen  in  the  cement  which  is  soluble  in 
Pennsylvania  petroleum  naptha  of  .65  gravity  shall  not  exceed  seventy-eight 
(78)  per  cent.,  nor  fall  below  sixty-four  (64)  per  cent. 

A No.  2 needle  weighted  with  one  hundred  (100)  grams  shall  penetrate 
in  five  (5)  seconds  at  77  degrees  Fahrenheit,  a distance  of  40  to  70  on  a Dow 
machine. 

When  twenty  (20)  grams  are  heated  in  a receptacle  about  two  and  one- 
half  (2*4)  inches  in  diameter  and  two  (2)  inches  high,  for  seven  (7)  hours,  in 
an  oven  maintained  at  a uniform  temperature  of  about  325  degrees  Fahrenheit, 
as  determined  by  a thermometer,  the  bulb  of  which  is  immersed  in  a similar 
receptacle  filled  with  oil,  it  shall  not  lose  more  than  four  (4)  per  cent,  at  flash 


STREETS— CONSTRUCTION  OF 


136 


Ch.  15 


point,  as  determined  in  a New  York  State  closed  oil  tester,  shall  not  be  less  than 
350  degrees  Fahrenheit. 

Seventy-five  (75)  per  cent,  shall  be  soluble  in  carbon  disulphide  at  air  tem- 
perature and  not  more  than  one  and  one-half  (ij4)  per  cent,  of  the  bitumen  shall 
be  less  soluble  in  carbon  tetrachloride  than  in  carbon  di-sulphide,  the  test  for  the 
former  being  conducted  by  submitting  the  bitumen  to  the  action  of  the  tetra- 
chloride for  twenty-four  (24)  hours  before  filtration. 

The  flux  shall  be  added  to  the  melted  refined  asphalt,  and  the  entire  mass 
shall  be  agitated  by  an  air  blast  or  other  suitable  appliance  until  the  resulting 
cement  is  homogeneous.  It  must  never  be  heated  to  a temperature  exceeding  350 
degrees  Fahrenheit. 

Sec.  617.  Sand.  The  sand  shall  be  graded  as  to  be  within  the  limits  on 
sand  sieves  as  follows : 

Per  Cent. 


Stone  dust  and  sand  passing  a No.  200  sieve 12  to  16 

Sand  passing  a No.  80  sieve 15  to  35 

Sand  passing  a No.  40  sieve 25  to  50 

Sand  passing  a No.  10  sieve 10  to  20 


Sand  passing  a No.  4 sieve  not  over  2 per.  cent  to  be  retained. 

The  item  designated  “Stone  dust  passing  a No.  200  sieve,”  within  the 
limits  herein,  includes,  in  addition  to  the  stone  dust,  fine  sand  passing  a No.  20a 
sieve  not  exceeding  five  (5)  per  cent,  of  the  total  mixture,  and  such  200  mesh  min- 
eral dust  naturally  self-contained  in  the  refined  asphalt. 

Sec.  618.  Filler.  The  filler  shall  consist  of  ground  limestone,  Port- 
land cement  or  any  other  mineral  matter  of  sufficient  density  to  produce  a powder 
having  a volume  weight  of  at  least  ninety  (90)  pounds  to  the  cubic  foot.  It  shall 
be  so  fine  that  at  least  sixty-five  (65)  per  cent,  shall  pass  a two  hundred  (200) 
mesh  screen,  while,  when  thoroughly  agitated  wjth  distilled  water  at  a tempera- 
ture of  77  degrees  Fahrenheit,  by  means  of  an  air  blast  or  otherwise,  not  more 
than  twenty  (20)  per  cent,  shall  subside  on  standing  for  fifteen  (15)  seconds. 
All  the  material  settling  in  the  breaker  at  the  expiration  of  fifteen  (15)  seconds, 
will  by  the  terms  of  these  specifications  be  regarded  as  sand. 

Sec.  619.  Combining  and  Mixing.  The  sand  and  asphalt  cement  shall  be 
heated  separately  to  such  temperature  that  the  finished  mixture,  shall,  depending 
on  the  asphalt  in  use,  have  a temperature  of  from  260  degrees  to  330  degrees 
Fahrenheit.  The  filler  shall  be  mixed,  while  cold,  with  the  hot  sand.  The 
asphaltic  cement  will  then  be  mixed  with  the  sand  and  stone  dust  at  the  required 
temperature,  and  in  such  proportion  that  the  mixture  shall  contain  by  weight 
from  9.5  to  12.5  per  cent,  of  bitument  soluble  in  carbon  disulphide. 

The  above  mixture  shall  be  hauled  to  the  street  in  trucks  properly  pro- 
tected from  radiation  by  tarpaulins  at  a temperature  not  less  than  250  degrees 
Fahrenheit,  and  spread  upon  the  binder  to  such  a depth  as  will  insure  an  average 
thickness  of  two  (2)  inches  after  compression  by  rolling.  This  compression  will 
be  attained  by  first  smoothing  the  surface  with  a hand  roller  or  light  steam 
roller,  after  which  hydraulic  cement  shall  be  swept  over  it,  when  the  rolling  shall 
be  continued  with  a steam  roller  weighing  not  less  than  eight  (8)  tons  until 
the  surface  is  thoroughly  and  properly  compacted. 

ASPHALT  PAVEMENT,  TYPE  B. 

Sec.  620.  Asphalt  Pavement,  Type  “B.”  All  provisions,  specifications 
and  regulations  relating  to  the  construction  of  asphalt  pavement,  type  “A”,  shall 


Ch.  15 


STREETS— CONSTRUCTION  OF 


i37 


apply  to  and  govern  the  construction  of  Asphalt  Pavement,  Type  B,  except  that 
the  depth  of  the  binder  course  shall  be  one  (1)  inch  after  compression,  and  the 
depth  of  the  wearing  surface  shall  be  one  and  one-half  (ij4)  inches  after  com- 
pression. 

ASPHALT  PAVEMENT,  TYPE  C. 

Sec.  621.  Asphalt  Pavement,  Type  “C.”  All  provisions,  specifications 
and  regulations,  relating  to  the  construction  of  Asphalt  Pavement,  Type  A,  shall 
apply  to  and  govern  the  construction  of  Asphalt  Pavement,  Type  C,  except  that, 
in  lieu  of  the  binder  course  and  wearing  surface,  there  shall  be  laid  directly  upon 
the  concrete  foundation  a wearing  surface  consisting  of  a single  course,  to  be 
two  (2)  inches  in  depth  after  thorough  compression  in  which  the  mineral  aggre- 
gate shall  consist  of  broken  or  crushed  limestone  or  stone  of  its  equal  or  better, 
and  sand  so  mixed  as  to  meet  as  near  as  practicable,  the  following  requirements : 

Per  Cent. 


Mineral  aggregate  passing  a 200  mesh  screen 5 to  11 

Mineral  aggregate  passing  a 40  mesh  screen 18  to  30 

Mineral  aggregate  passing  a 10  mesh  screen 25  to  55 

Mineral  aggregate  passing  a 4 mesh  screen 8 to  22 


Mineral  aggregate  passing  a 2 mesh  screen  less  than  10  per  cent. 

To  this  mixture  of  mineral  aggregate  must  be  added  an  amount  of  bitumen 
soluble  in  carbon  disulphide  to  be  not  less  than  seven  (7),  nor  more  than  eleven 
(11)  per  cent,  of  the  whole  mixture.  The  mixture  must  be  such  that  it  shall 
contain  the  necessary  elements  to  procure  a pavement  surface  showing  no  excess 
or  deficiency  of  bitumen. 

ASPHALT  BLOCK  PAVEMENT. 

Sec.  622.  General  Provisions.  The  provisions  as  set  forth  in  Sections 
576  to  596  inclusive,  shall  apply. 

Sec.  623.  Sub-Grade.  The  provisions  as  set  forth  in  Sections  597,  598 
and  599  shall  apply. 

Sec.  624.  Foundation.  The  provisions  as  set  forth  in  Sections  600  to  604 
shall  apply. 

Sec.  625.  Header  Stones.  The  provisions  as  set  forth  in  Section  605 
shall  apply. 

Sec.  626.  Mortar  Bed.  Upon  the  surface  of  the  concrete  shall  be  spread 
a bed  of  cement  mortar  one-half  (14)  inch  in  thickness.  This  mortar  shall  be 
composed  of  a slow  setting  Portland  Cement  and  clean,  sharp  sand  free  from 
pebbles  over  one-quarter  (*4)  of  an  inch  in  diameter  mixed  in  the  proportion  of 
one  (1)  part  cement  to  four  (4)  parts  sand.  This  mortar  bed  shall  be  “struck” 
to  a true  surface  exactly  parallel  to  the  top  of  the  finished  pavement  in  the 
following  manner : On  the  surface  of  the  concrete  shall  be  set  strips  of  wood, 
four  (4)  inches  wide  by  one-quarter  (%)  of  an  inch  thick,  and  of  a length  equal 
to  the  width  or  half  width  of  the  street,  if  practicable,  or  strips  of  steel  four  (4) 
inches  wide  by  one-eighth  (*4)  or  three-sixteenths  (3-16)  inch  thick  and  of  a 
convenient  length  may  be  used.  These  strips  shall  be  carefully  set  from  curb  to 
curb  to  the  exact  crown  of  the  street  and  imbedded  throughout  their  length  in 
mortar,  so  that  the  top  surface  of  the  strips  shall  be  below  the  grade  of  the 


138 


STREETS— CONSTRUCTION  OF 


Ch.  15 


finished  pavement  a distance  equal  to  the  thickness  of  the  block.  An  iron  shod 
straight  edge  or  “striker”  shall  be  used  on  two  (2)  sets  of  strips,  set  as  described 
above,  eight  (8)  or  ten  (10)  feet  apart,  to  strike  the  mortar  bed  to  a true  and  even 
surface.  As  soon  as  the  bed  has  been  struck,  one  set  of  the  strips  shall  be 
taken  up  and  the  trench  carefully  filled  with  mortar.  In  case  of  car  tracks  in  the 
street  a template  shall  be  used,  to  run  on  the  rails,  to  strike  the  mortar  bed  to 
the  required  grade  between  the  rails  or  the  car  tracks. 

Sec.  627.  Asphalt  Blocks.  Upon  this  mortar  bed  asphalt  blocks  shall  be 
immediately  laid  with  close  joints  and  uniform  top  surface.  The  blocks  shall  be 
five  (5)  inches  in  width  by  twelve  (12)  inches  in  length  by  two  (2)  inches  in 
depth.  A variation  of  one-quarter  (%)  of  an  inch  from  adopted  dimensions,  will 
.be  sufficient  ground  for  rejecting  any  block. 

Sec.  628.  Composition.  The  blocks  will  be  composed  of  the  following 
material,  to- wit : Asphaltic  Cement,  9 to  13  per  cent. ; Conglomerate  Copper  Rock 
76  to  62  per  cent.;  Limestone  Dust,  15  to  25  per  cent.  The  stone  in  the  blocks 
must  be  crushed  so  that  every  particle  will  pass  a screen  of  three-eighths  (^4) 
of  an  inch  mesh.  The  blocks  must  receive  a compression  in  the  moulds  of  not 
less  than  two  hundred  (200)  gross  tons,  and  must  weigh  not  less  than  ten  (10) 
pounds  per  two  (2)  inch  block,  thirteen  (13)  pounds  per  two  and  one-half  (2^2) 
inch  block.  The  blocks  shall  yield  when  extracted  with  bisulphide  of  carbon 
and  after  the  evaporation  of  the  solvent,  not  less  than  six  (6)  per  cent.,  not  more 
than  eight  (8)  per  cent,  of  bituminous  matter. 

Sec.  629.  Laying  Blocks.  The  blocks  shall  be  laid  by  the  pavers  stand- 
ing upon  the  blocks  already  laid,  and  not  upon  the  bed  of  mortar.  They  shall 
be  laid  at  right  angles  with  the  line  of  the  street  with  such  crown  as  the  Engineer 
may  direct,  and  in  such  manner  that  all  longitudinal  joints  shall  be  broken  by  a 
lap  of  at  least  four  (4)  inches.  The  blocks  shall  be  so  laid  as  to  make  the 
lateral  joints  as  tight  as  possible,  consistant  with  keeping  a good  alignment  of 
the  courses  across  the  street,  and  the  longitudinal  joints  shall  be  immediately 
closed  by  pressing  each  course  in  the  direction  of  its  length  by  a level.  When 
thus  laid  the  blocks  shall  be  immediately  covered  with  clean,  fine,  dry  sand,  en- 
tirely free  from  any  loam  or  earthy  matter.  This  sand  shall  be  swept  over 
the  surface  until  the  joints  are  all  filled  and  shall  be  allowed  to  remain  on  the 
pavement  not  less  than  thirty  (30)  days  or  for  such  a length  of  time  as  will 
allow  the  street  traffic  to  thoroughly  grind  the  sand  into  all  the  joints. 

ASPHALT  BINDER  PAVEMENT. 

Sec.  630.  General  Provisions.  The  provisions  as  set  forth  in  Sections 
576  to  596  inclusive,  shall  apply. 

Sec.  331.  Sub-Grade.  The  provisions  as  set  forth  in  Sections  597,  598 
and  599  shall  apply. 

Sec.  632.  Header  Stones.  The  provisions  as  set  forth  in  Section  605  shall 

apply. 

Sec.  633.  New  Foundation.  Over  the  sub-grade  there  must  be  spread 
a course  of  stone  five  (5)  inches  in  depth  loose,  composed  of  stone  not  less  than 
one  and  one-half  (1%)  inches,  nor  more  than  three  (3)  inches.  Should  one  (1) 
load  contain  all  small  stone  or  all  large  stone,  each  load  shall  be  spread  out  over  a 
large  area,  so  as  to  have  uniformity.  This  course  of  stone  must  be  rolled  thor- 
oughly and  a light  course  of  screenings  spread  and  rolled  in,  but  not  of  sufficient 
quantity  to  cover  the  large  stone. 


Ch.  15 


STREETS— CONSTRUCTION  OF 


139 


Sec.  634.  Old  Foundation.  The  surface  of  the  old  macadam  street  must 
be  thoroughly  cleaned  of  all  dust,  mud,  rubbish,  etc.  The  old  stone  shall  then 
be  spiked  or  scarrified  so  that  it  can  be  scraped  and  placed  to  make  a true  and 
even  surface  from  curb  to  curb.  Should  there  not  be  enough  old  stone  to  even 
up  the  old  surface  enough,  new  stone  must  be  added  as  required  by  the  Engineer, 
and  the  entire  roadway  rolled  with  no  less  than  eight  (8)  ton  roller  until  thor- 
oughly compact.  The  extra  stone  will  be  paid  for  by  the  cubic  yard  plus  the  cost 
of  unloading  and  placing. 

Sec.  635.  Wearing  Surface — Penetration  Method.  Over  the  above 
foundation  shall  be  spread  a second  course  of  a uniform  depth  of  five  (5)  inches 
loose  measurements.  This  course  must  contain  as  near  as  possible  stone  that  will 
measure  from  one  and  one-half  (i}4)  to  two  (2)  inches  after  spreading.  It  must 
be  rolled  twice  when  it  is  ready  to  receive  the  bituminous  filler  of  one  and  one- 
half  (1^2)  to  two  (2)  gallons  per  square  yard.  This  filler  must  be  heated  to  at 
least  300  degrees  F.,  and  poured  either  by  hand  or  spreader,  during  the  warm 
hours  of  the  day,  from  nine  (9)  to  three  (3).  The  stone  must  be  clean  and  warm 
before  the  pouring  begins. 

After  the  bitumen  has  penetrated  the  stone  a light  course  of  screenings 
must  be  added  and  rolling  resumed  until  the  stone  is  compact.  While  this  rolling 
is  being  done  if  an  excess  of  Bitumen  is  apparent  at  any  place  extra  screenings 
must  be  added.  Where  the  Bitumen  is  deficient  the  screenings  must  be  swept  to 
one  side  and  extra  Bitumen  added,  over  which  the  screenings  are  replaced  and 
rolling  resumed.  By  screenings,  in  this  section,  is  meant  the  finer  particles  of 
stone  from  one-half  ( *4 ) inch  stone  down  to  dust  with  not  over  five  (5)  per  cent, 
dust. 

Sec.  636.  Wearing  Surface — Mixing  Method.  Over  the  above  founda- 
tion shall  be  spread  a second  course  to  be  three  (3)  inches  in  depth  after  thorough 
compression  composed  of  stone  ranging  from  three-fourth  (%)  to  one  and  one- 
half  (1^2)  inches.  The  stone  and  Bitumen  must  be  heated  separately  and  mixed 
by  suitable  machinery  until  all  stone  is  thoroughly  coated.  This  mixture  must 
be  uniformly  spread  over  the  surface  of  the  street  and  rolled  once.  A course 
of  clean  sceenings,  all  dust  removed,  must  be  spread  in  quantity  sufficient  to  fill 
all  voids,  after  which  the  rolling  will  be  continued  until  thoroughly  compacted; 
all  rolling  for  first  and  second  courses  to  be  done  with  a roller  weighing  eight 
(8)  tons. 

Sec.  637.  Bitumen.  The  material  to  be  used  may  be  Bermudez,  Texaco, 
Standard,  Pioneer  or  others  which  in  general  meet  the  requirements  for  a binder 
purpose.  Bidders  at  the  time  of  letting  must  furnish  the  Engineer  with  the  one 
(1)  quart  sample  of  his  material,  together  with  the  names  of  the  manufacturer, 
the  source  of  his  product  and  its  location  and  an  analysis  of  the  product  which 
they  propose  to  use. 

BRICK  PAVING. 

Sec.  638.  General  Provisions.  The  provisions  as  are  set  forth  in  Sections 
576  to  596,  inclusive,  shall  apply. 

Sec.  639.  Sub-Grade.  The  provisions  at  set  forth  in  Sections  597,  598 
and  599  shall  apply. 

Sec.  640.  Foundation.  The  provisions  as  set  forth  in  Sections  600  to  604 
shall  apply. 

Sec.  641.  Header  Stones.  The  provisions  as  set  forth  in  Section  605 
shall  apply. 


140 


STREETS— CONSTRUCTION  OF 


Ch.  15 


Sec.  642.  Sand  Cushion.  The  sand  should  be  practically  free  from 
foreign  or  loamy  matter.  It  need  not  necessarily  be  sharp.  The  cushion  must  be 
one  and  one-half  (i^4)  inches  thick,  thoroughly  and  uniformly  compressed  be- 
fore the  bricks  are  placed  upon  it.  The  sand  must  be  sufficiently  fine  so  that  it 
will  all  pass  through  a one-eighth  (54)  inch  mesh.  It  should  be  spread  by  the 
aid  of  a template  having  a steel  face  edge,  reaching  the  whole  or  one-half  (54)  the 
width  of  the  street  and  made  to  conform  to  the  true  curvature  of  the  street  cross 
section,  except  where  there  is  a variance  in  the  cross  section  it  may  be  made 
by  hand  lutes.  The  compressing  should  be  done  with  a hand  roller  weighing 
from  two  hundred  (200)  to  four  hundred  (400)  pounds. 

Sec.  643.  Expansion  Joints.  An  expansion  cushion  must  be  provided 
parallel  with  and  next  to  the  curb  to  be  one  (1)  inch  in  width  for  streets  thirty 
(30)  feet  and  less  in  width,  and  one  and  one-half  (1 J4)  inches  in  width  for  streets 
wider  than  thirty  (30)  feet. 

Where  streets  are  more  than  thirty-two  (32)  feet  in  width,  expansion 
joints  at  right  angles  to  the  curb  and  for  full  width  of  the  street  must  also  be 
provided  one  and  one-half  (1%)  inches  in  width  every  seventy-five  (75)  feet. 
Where  cement  gutter  is  used,  expansion  joints  must  be  left  every  twenty-five  (25) 
feet  at  right  angles  to  the  curb. 

The  boards  must  be  left  in  place  for  thirty-six  (36)  hours  after  the 
cement  filler  has  been  applied,  when  they  are  to  be  drawn  and  the  space  filled  with 
paving  pitch  or  asphalt  filler,  especially  manufactured  for  that  purpose. 

Sec.  644.  Wearing  Surface.  The  brick  must  be  first  class  and  thoroughly 
vitrified,  showing  at  least  one  (1)  straight  face,  reasonably  free  from  kiln  marks 
and  free  from  cracks,  with  but  slight  laminations.  They  are  to  be  expressly  made 
for  paving  purposes.  In  size  they  shall  not  be  less  than  254x4x8,  nor  more  than 
3^x4x954  inches.  If  the  edges  are  rounded  the  radius  must  not  be  greater  than 
three-sixteenths  (3-16)  of  an  inch.  They  shall  not  vary  more  than  one-fourth 
(54)  of  an  inch  in  width,  one-fourth  (54)  of  an  inch  in  depth,  nor  more  than  one- 
half  (54)  of  an  inch  in  length. 

If  provided  with  lugs  or  raised  letters  on  the  side,  they  are  not  to  exceed 
one-eighth  (%)  of  an  inch  in  depth. 

For  the  abrasion  test,  the  brick  shall  be  tested  under  the  specifications,  in 
manner  and  method  and  with  a ratler,  as  adopted  by  the  National  Paving  Brick 
Manuacturers’  Association  at  their  annual  meeting  of  1911. 

Sec.  645.  Handling  and  Laying.  The  brick  must  all  be  hauled  and 
neatly  piled  in  proper  quantity  without  the  curb  line  before  the  grading  is 
finished.  In  unloading  and  hauling  from  the  car,  no  throwing  or  dumping  shall 
be  allowed.  From  these  piles  they  shall  be  carried  on  pallets  or  with  clamps  or 
to  be  conveyed  to  the  brick  setter  on  a gravity  carrier,  No  wheeling  in  barrows 
on  the  brick  surface  shall  be  permitted.  They  must  be  placed  to  the  con- 
venience of  the  brick  setter  or  dropper,  so  that  he  will  drop  them  into  the  pave- 
ment on  edge,  with  the  best  edge  uppermost,  and  at  right  angles  with  the  curb 
line.  It  must  be  thoroughly  understood  that  the  brick  layer  or  foreman  will  be 
held  responsible  for  failure  to  exercise  care  in  placing  the  best  edge  up.  Where 
they  do  not,  the  Inspector  will  report  to  the  City  Engineer  and  either  the  Fore- 
man or  Layer,  or  both,  must  be  discharged  by  the  Contractor.  The  line  or 
course  of  brick  must  be  kept  straight  and  joints  broken  at  the  center  of  each 
brick  respectively.  They  must  be  dropped  in  place  as  near  in  contact  as  pos- 
sible, but  in  no  instance  shall  the  line  be  straightened  by  heavy  sledging  or  a 
straight  edge  against  the  brick.  The  use  of  a sledge  with  a light  stroke  to  merely 
straighten  the  lines  may  be  permitted,  and  while  they  should  be  laid  in  close 


Ch.  15 


STREETS— CONSTRUCTION  OF 


141 

contact,  the  brick  should  never  be  pried  endways  to  force  in  a closure.  All  brick 
with  raised  letters  must  lie  in  the  same  direction.  Nothing  but  whole  brick  shall 
be  used,  except  in  starting  and  finishing  courses.  The  cutting  and  trimming  of 
the  brick  must  be  done  by  experienced  men  and  care  taken  not  to  fracture  the 
parts  to  be  used. 

Sec.  646.  Rolling  and  Tamping. — After  the  brick  in  the  pavement  is  in- 
spected and  the  surface  is  swept  clean  of  spalls,  they  must  be  well  rolled,  with 
a steam  tandem  roller  weighing  not  less  than  three  (3),  nor  more  than  ten  (10) 
tons,  in  the  following  manner : 

The  brick  next  to  the  curb  must  be  tamped  with  a hand  wood  tamper  to 
the  proper  gutter  grade,  when  it  is  found  impossible  to  use  the  roller  close  to  the 
curb.  The  rolling  will  then  commence  near  the  curb  at  a very  slow  pace  and 
continue  back  and  forth  parallel  with  the  curb  until  the  center  of  the  pavement 
is  reached,  then  pass  to  the  opposite  curb  and  roll  in  the  same  manner  to  the 
center  of  the  street.  As  the  roller  passes  back  and  forth,  it  should  over  lap  its^ 
course  each  time. 

After  the  first  passage  of  the  roller  the  pace  may  be  quickened  and  the  roll- 
ing continued  until  each  brick  is  firmly  imbedded  in  the  sand  cushion.  The  pave- 
ment shall  then  be  rolled  the  entire  width  of  the  street  transversely  at  an  angle 
of  45  degrees  to  curb.  Repeat  the  rolling  in  like  manner  in  the  opposite  direction. 
Before  this  transverse  rolling  takes  place,  all  broken  or  injured  brick  must  be 
taken  up  and  replaced  with  satisfactory  ones.  The  substitute  brick  must  be 
brought  to  true  surface  by  tamping. 

After  final  rolling,  the  pavement  shall  be  tested  with  a ten  (10)  foot 
straight  edge,  laid  parallel  with  the  curb,  and  any  depression  exceeding  one- 
quarter  (34)  of  an  inch  must  be  taken  out.  If  necessary,  the  pavement  shall  be 
again  rolled. 

Sec.  647.  Cement  Filler.  The  filler  shall  be  composed  of  one  (1)  part 
each  of  clean,  sharp,  fine  sand  and  Portland  cement.  The  sand  must  be  dry.  The 
mixture,  not  exceeding  one  (1)  sack  of  the  cement,  together  with  a like  amount 
of  sand,  shall  be  placed  in  the  box  and  mixed  dry,  until  the  mass  assumes  an  even 
and  unbroken  shade.  Water  shall  then  be  added,  forming  a liquid  mixture  of  the 
consistency  of  thin  cream.  The  sides  and  edges  of  the  brick  should  be  thoroughly 
wet  by  sprinkling  before  the  filler  is  applied.  From  the  time  the  water  is  applied 
until  the  last  drop  is  removed  and  floated  into  the  joints  of  the  brick  pavement, 
the  mixture  must  be  kept  in  constant  motion. 

The  mixture  shall  be  removed  from  the  box  to  the  street  surface  with  a 
scoop  shovel,  all  the  while  being  stirred  in  the  box  as  the  same  is  being  thus 
emptied.  The  box  for  this  purpose  shall  be  four  (4)  feet  eight  (8)  inches  long, 
thirty  (30)  inches  wide  and  fourteen  (14)  inches  deep,  resting  on  legs  of  different 
lengths,  so  that  the  mixture  will  readily  flow  to  the  lower  corner  of  the  box, 
which  shall  not  be  more  than  six  (6)  inches  above  the  pavement.  This  mixture, 
from  the  moment  it  touches  the  brick  shall  be  thoroughly  swept  into  the  joints. 

One  (1)  box  shall  be  provided  in  case  the  street  is  twenty  (20)  feet  or  less 
in  width ; exceeding  twenty  (20)  feet  in  width,  two  (2)  shall  be  used. 

The  work  of  filling  should  be  carried  forward  in  line  until  an  advance  of 
fifteen  (15)  to  twenty  (20)  yards  has  been  made,  when  the  same  force  and  appli- 
ance shall  be  turned  back  and  cover  the  same  space  in  like  manner,  except  that 
the  mixture  shall  be  slightly  thicker  for  the  second  coat. 

To  avoid  the  possibility  of  thickening  at  any  point,  the  surface  ahead  of 
the  sweepers  and  ahead  of  the  mixture  shall  be  gently  sprinkled,  using  a sprink- 
ling can  the  head  of  which  shall  be  perforated  with  small  holes. 


142 


STREETS— CONSTRUCTION  OF 


Ch.  15 


Any  attempt  to  thin  the  mixture  on  the  pavement  by  the  application  of 
water  will  result  in  the  separation  of  sand  and  cement  and  “bad  spots”  will  ap- 
or  three  (3)  days. 

After  the  joints  are  thus  filled  flush  with  the  top  of  the  brick  and  sufficient 
time  for  hardening  has  elapsed,  so  that  the  coating  of  sand  will  not  absorb  any 
moisture  from  the  cement  mixture,  one-half  (^2)  inch  of  sand  shall  be  spread  over 
the  whole  surface,  and  in  case  the  work  is  subjected  to  a hot  summer  sun,  an 
occasional  sprinkling,  sufficient  to  dampen  the  sand,  should  be  followed  for  two 
(2)  or  three  (3)  days. 

Sec.  648.  Bituminous  Filler.  Pitch  No.  6 or  Asphalt  filler  especially 
manufactured  for  filler  purposes  will  be  accepted.  It  must  be  heated  to  at  least 
300  degrees  F.,  and  poured  during  warm  and  dry  weather.  The  joints  must  all 
be  filled  after  which  there  must  be  spread  a thin  coat  of  sand  over  the  entire 
street  and  left. 


GRANITE  BLOCK  PAVING. 

Sec.  649.  General  Provisions.  The  provisions  as  set  forth  in  Sections 
576  to  596  inclusive,  shall  apply. 

Sec.  650.  Sub-Grade.  The  provisions  in  Sections  597,  598  and  599  shall 

apply. 

Sec.  651.  Foundation.  The  provisions  as  set  forth  in  Sections  600  to 
604  shall  apply. 

Sec.  652.  Header  Stones.  The  provisions  as  set  forth  in  Section  605 
shall  apply. 

Sec.  653.  Sand  Cushions.  The  sand  should  be  practically  free  from  for- 
eign or  loamy  matter.  It  need  not  necessarily  be  sharp.  The  cushion  must  be 
two  (2)  inches  thick,  thoroughly  and  uniformly  compressed  before  the  blocks  are 
placed  upon  it. 

The  sand  must  be  sufficiently  fine  so  that  it  will  all  pass  through  a one- 
eighth  (y%)  inch  mesh.  It  should  be  spread  by  the  aid  of  a template  having  a 
steel  faced  edge,  reaching  the  whole  or  one-half  ( y2 ) the  width  of  the  street  and 
made  to  conform  to  the  true  curvature  of  the  street  cross-section,  except  where 
there  is  a variance  in  the  cross-section  it  may  be  made  by  hand  lutes.  The  com- 
pressing should  be  done  with  a hand  roller  weighing  from  two  hundred  (200)  to 
four  hundred  (400)  pounds. 

Sec.  654.  Wearing  Surface.  The  blocks  shall  be  made  from  sound,  dur- 
able granite  of  uniform  texture,  composition  and  hardness  throughout.  No  out- 
crop, deteriorated,  soft,  brittle  or  seamy  stone  shall  be  used.  If  the  blocks  are 
obtained  from  different  quarries,  or  from  different  parts  of  the  quarry  where  the 
quality  or  appearance  of  the  rock  differs,  the  product  of  each  must  be  kept  sep- 
arate and  laid  together  on  the  street.  The  blocks  shall  not  be  less  than  eight  (8), 
nor  more  than  thirteen  (13)  inches  long,  not  less  than  three  and  one-half  (31/2)» 
nor  more  than  five  (5)  inches  wide,  and  not  more  than  four  and  one-half  (4%), nor 
less  than  three  and  one-half  (3%)  inches  deep.  They  shall  be  well  shaped  rectang- 
ular with  full  edges  and  corners.  Their  tops  shall  not  depart  more  than  one-quar- 
ter {yy)  inch  from  a true  plane,  and  their  sides  shall  be  dressed  so  that  the  joints 
between  the  courses  will  not  be  more  than  one-quarter  (%)  inch  wide,  and  their 
ends  so  that  the  end-joints  shall  not  be  more  than  one-quarter  (%)  inch  wide.  The 
size  of  the  blocks  may  be  varied  when  necessary  to  fit  the  pavement  against  or 
around  bridge  stones  or  other  street  structures. 


Ch.  15 


STREETS— CONSTRUCTION  OF 


143 


Sec.  655.  Laying  Blocks.  The  block  shall  be  set  on  the  bed  of  sand 
perpendicular  to  the  street  surface  with  their  length  at  right  angles  to  the  street 
and  courses  extending  entirely  across  the  street,  and  at  right  angles  to  its  axis, 
except  at  street  intersections,  where  the  courses  shall  be  set  at  such  an  angle 
with  the  street  as  the  Engineer  may  direct.  Only  stones  of  the  same  width  shall 
be  set  in  the  same  course.  The  stones  in  each  course  and  in  adjoining  courses 
shall  be  set  firmly  against  each  other.  The  blocks  shall  be  set  in  the  same  bed 
in  such  a manner  that  their  tops  shall  be  even  with  each  other  and  to  such  an 
elevation  that  after  the  pavement  is  rammed,  as  hereinafter  directed,  its  general 
surface  shall  conform  closely  to  the  grade  and  contour  designed  for  the  pave- 
ment. Stones  in  adjoining  courses  shall  break  joint  not  less  than  three  (3)  inches. 

Sec.  656.  Ramming.  After  the  blocks  are  set,  they  shall  be  thoroughly 
rammed  to  give  them  a firm  bearing  in  the  sand,  and  to  bring  their  tops  to  the 
prescribed  pavement  datum.  The  rammers  used,  shall  have  wooden  faces,  or 
if  rammers  with  iron  faces  are  used,  a two  (2)  inch  plank  one  (1)  foot  wide  and 
three  (3)  feet  long,  shall  be  interposed  between  the  blocks  and  rammers.  The 
rammers  shall  weigh  not  less  than  thirty  (30)  pounds.  When  the  surface  is  rolled 
it  must  be  done  with  a steam  roller  weighing  not  more  than  eight  (8)  tons,  and 
must  be  rolled  first  parallel  with  the  street  and  then  at  an  angle  of  45  degrees. 
Blocks  or  sections  of  blocks  whose  tops  under  the  ramming  remain  above  or  sink 
below  the  pavement  datum  shall  be  taken  up  and  reset  so  that  after  the  ramming 
or  rolling  is  completed,  their  tops  will  present  a smooth  and  even  surface. 

Sec.  657.  Expansion  Joints.  Expansion  joints  must  be  provided  for 
as  specified  in  Section  643  except  that  the  one-half  (J4)  inch  joints  must  be 
left  at  right  angles  with  the  curb  every  fifty  (50)  feet  as  well  as  the  one  (1)  inch 
joint  next  to  curb. 

Sec.  658.  Cement  Filler.  The  filler  shall  be  mixed  and  applied  as  speci- 
fied in  Section  647. 

CEMENT  PAVEMENT. 

Sec.  659.  General  Provisions.  The  provisions  as  set  forth  in  Sections 
576  to  596  inclusive,  shall  apply. 

Sec.  660.  Sub-Grade. — The  provisions  as  set  forth  in  Sections  597,  598 
and  599  shall  apply. 

Sec.  661.  Foundation.  The  provisions  as  set  forth  in  Sections  600  to  604 
shall  apply,  except  that  the  depth  of  the  concrete  must  be  five  (5)  inches. 

Sec.  662.  Header  Stones.  The  provisions  as  set  forth  in  Section  605 
shall  apply. 

Sec.  663.  Wearing  Surface.  The  wearing  surface  must  be  applied  im- 
mediately after  the  concrete  has  been  placed  and  tamped  and  before  any  drying 
has  occurred,  and  will  be  uniformly  two  (2)  inches  in  thickness.  The  wearing 
surface  will  be  composed  of  one  (1)  part  cement  and  one  and  one-half  (13/2) 
parts  sand.  The  sand  shall  be  the  hardest  locally  obtainable  washed  sand,  and 
perfectly  clean  and  well  graded  from  a maximum  size  of  one-quarter  (J4)  inch 
to  a minimum  of  one-fortieth  (Mo)  inch ; it  must  be  entirely  free  from  particles. 
The  sand  must  be  dry  when  mixed  with  the  cement  and  the  mixing  must  be  very 
thorough  until  the  mixture  is  perfectly  uniform  in  color.  Hard  limestone  or 
granite  chips  of  size  above  specified  may  be  substituted  for  the  sand. 

The  wearing  surface  will  be  thoroughly  compressed  and  worked  smooth 
and  true  to  the  crown  of  the  street,  using  templates  and  strips  for  this  purpose 
satisfactory  to  the  Engineer.  All  surface  work  will  be  done  entirely  with  a 


144 


STREETS— CONSTRUCTION  OF 


Ch.  15 

wooden  float.  The  surface  will  then  be  nearly  blocked  into  squares  six  (6) 
by  six  (6)  inches,  the  grooves  to  be  one-half  (J4)  inch  in  depth.  The  blocking 
will  extend  to  within  eighteen  (18)  inches  of  the  curb  line,  the  gutters  being  left 
smooth.  Expansion  joints  one  (1)  inch  in  width  will  be  left  along  each  curb 
unless  otherwise  directed  by  the  Engineer.  Transverse  expansion  joints  extend- 
ing clear  across  the  street  one-half  inch  wide  will  be  formed  every  fifty  (50) 
feet.  All  expansion  joints  must  extend  through  both  wearing  surface  and  con- 
crete and  will  be  filled  with  paving  pitch  of  grade  specified  for  brick  pavement, 
or  with  an  asphalt  filler  of  character  to  be  approved  by  the  Engineer. 

After  the  street  is  complete,  it  must  be  sprinkled  each  day  for  four  (4) 
days,  and  no  traffic  of  any  kind  will  be  allowed  on  same  for  a period  of  eight  (8) 
days  after  its  completion. 

“MACADAM  STREET— TYPE  A.” 

Sec.  664.  General  Provisions.  The  provisions  as  set  forth  in  Sections 
576  to  596  inclusive,  shall  apply. 

Sec.  665.  Sub-Grade.  The  provisions  as  set  forth  in  Sections  597,  598 
and  599  shall  apply. 

Sec.  666.  Foundation.  Upon  the  sub-grade  thus  prepared  there  shall  be 
spread  a course  or  layer  four  (4)  inches  in  depth  after  being  thoroughly  rolled, 
composed  of  hard  limestone,  or  its  equal  or  better,  broken  or  crushed 
into  fragments,  which  shall  measure  not  less  than  two  and  one-half  (2^2),  nor 
more  than  four  (4)  inches  in  diameter.  This  course  of  stone  shall  be  rolled  with 
a steam  roller  weighing  not  less  than  ten  (10)  tons,  beginning  at  each  gutter  and 
be  continued  until  the  entire  surface  of  the  roadway  is  compacted  and  the  rock 
remains  stationary  as  the  roller  passes  over. 

Over  this  course  of  stone  must  be  spread  a thin  layer  of  screenings  to  be 
shoveled  from  the  wagon,  composed  of  crushed  limestone,  which  will  pass  a one 
(1)  inch  screen  with  not  more  than  15  per  cent  dust  being  allowed,  after  spread- 
ing, the  surface  will  again  be  rolled  until  they  are  forced  into  voids  of  the  larger 
stone  and  leaving  the  larger  well  exposed.  If  necessary  sprinkling  must  be  done 
to  assist  in  the  above  requirements. 

Sec.  667.  Wearing  Surface.  Upon  this  four  (4)  inch  base,  will  be  spread 
to  a uniform  depth  a course  or  layer  of  crushed  limestone,  or  its  equivalent,  or 
its  equal,  that  will  be  five  (5)  inches  in  depth,  after  thorough  compression.  The 
size  of  the  stone  must  not  be  less  than  one  (1)  inch,  nor  more  than  two  and  one- 
half  (21/ 2)  inches.  This  course  must  be  rolled  as  above  specified.  Should  one 
load  contain  stone  of  one  size  and  another  load  of  different  size,  each  must  be 
spread  over  a large  area  so  as  to  make  the  stone  of  uniform  grading  over  the 
entire  surface.  Over  this  course  will  be  spread  a layer  of  screenings  as  above 
specified  that  will,  as  near  as  possible,  fill  the  void  in  this  course  rolled  until  they 
are  firmly  imbedded  into  the  voids  of  the  larger  stones.  During  the  rolling, 
the  screenings  must  be  sprinkled  to  assist  in  incorporating  them  into  the  stones. 
Where  necessary,  extra  screenings  must  be  added  and  rolled  so  as  to  leave  the 
stone  covered  one-fourth  (J4)  inches. 

“MACADAM  STREET— TYPE  B.” 

Sec.  668.  General  Provisions.  The  provisions  as  set  forth  in  Sections 
576  to  596  inclusive,  shall  apply. 

Sec.  669.  Sub-Grade.  The  provisions  as  set  forth  in  Sections  597,  598 
and  599  shall  apply. 


Ch.  15 


STREETS— CONSTRUCTION  OF 


H5 


Sec.  670  Wearing  Surface.  Over  the  sub-grade,  there  shall  be  spread  a 
course  of  crushed  limestone  or  its  equal  or  better,  so  that  after  thorough  com- 
pression, its  depth  will  be  uniformly  six  (6)  inches.  The  stone  must  not  be  less 
than  one  (1)  inch,  nor  more  than  (3)  inches  in  diameter.  Should  one  load  con- 
tain stone  of  one  size,  and  another  load  of  different  size,  each  must  be  spread  over 
a large  area  so  as  to  make  the  stone  of  uniform  grading  over  the  entire  surface. 
Where  gutters  are  used,  it  must  be  so  graded  that  when  completed,  the  macadam 
will  be  flushed  with  not  more  than  one  (1)  inch  above  said  gutter.  The  stone 
must  be  rolled  thoroughly  with  the  heavy  roller  propelled  by  steam  or  gasoline 
until  it  ceases  to  shift.  No  screenings  must  be  added  until  all  uneven  depressions 
have  been  refilled  and  rolled.  Screenings  must  then  be  spread  and  shoveled  from 
the  wagon  and  thoroughly  rolled  and  sprinkled  while  being  rolled.  No  excess 
of  screenings  will  be  permitted  to  be  left  on  the  street,  except  a sufficient  quantity 
to  leave  an  even  covering  over  the  entire  surface.  The  screenings  used  must  not 
contain  more  than  15  per  cent  of  dust  or  material  passing  a 100  mesh  screen. 

“CURB  AND  GUTTER’1 

Sec.  671.  General  Provisions.  The  provisions  as  set  forth  in  Sections  576 
to  596  inclusive,  shall  apply. 

Sec.  672.  Cement  Curb.  Cement  curb  must  be  eighteen  (18)  inches  in 
depth  and  six  (6)  inches  in  thickness,  with  one-quarter  (J4)  bevel  on  top,  rising 
from  face.  Corner  next  to  gutter  must  be  rounded  to  one  (1)  inch  radii  and  next 
to  sidewalk  must  be  one-fourth  (*4)  radii. 

Curb  must  be  constructed  in  lengths  of  six  (6)  feet  unless  otherwise  direct- 
ed by  the  Engineer. 

The  foundation  for  cement  must  be  six  (6)  inches  in  depth,  of  cinders 
well  tramped  and  sprinkled,  and  ten  (10)  inches  in  width. 

The  body  of  the  curb  will  consist  of  concrete  mixed  in  the  proportions  of 
one  (1)  part  cement,  two  (2)  parts  sand,  and  four  (4)  parts  stone,  and  otherwise 
conforming  to  requirements  of  Section  604.  Stone  to  be  not  less  than  one- 
half  Q4)  inch,  nor  more  than  one  and  one-half  (1  y2)  inches  in  size.  Cement 
must  conform  to  requirements  of  Section  601.  Sand  must  conform  to  require- 
ments of  Section  602.  The  concrete  must  be  tamped  thoroughly  into  the 
forms  for  same. 

The  finishing  coat  must  be  one  (1)  inch  in  thickness  and  extend  across  the 
top  and  for  twelve  (12)  inches  down  the  face  mixed  in  a water  tight  box  in  the 
proportions  of  one  (1)  part  of  cement  to  one  and  one-half  (ij4)  parts  coarse  sand, 
the  surface  must  be  troweled  to  a smooth  and  even  finish.  The  sand  and  cement 
must  be  mixed  dry  until  the  mixture  shows  a uniform  color.  The  edges  must  be. 
finished  to  true  line  and  grade.  Any  open  space  in  rear  of  curb  must  be  filled! 
with  earth  and  be  well  tamped. 

Where  the  ordinance  ordering  curb  specifies  a steel  protection,  the  price 
bid  for  straight  curb  must  include  same,  and  the  Contractor  will  be  required  to 
furnish  samples  of  the  kind  or  kinds  which  he  is  bidding  on. 

Sec.  673.  Cement  Curb  and  Gutter  Combined.  The  excavation  must  be 
completed  to  a width  of  twenty-six  (26)  inches  and  a depth  of  eighteen  (18) 
inches  below  top  of  curb.  A foundation  of  cinders  six  (6)  inches  in  depth  after 
sprinkling  and  ramming  must  be  placed  in  the  trench.  On  this  foundation  must 
be  laid  the  combined  curb  and  gutter,  the  thickness  of  said  curb  to  be  six  (6) 
inches  with  six  (6)  inches  face  and  fourteen  (14)  inch  gutter  to  be  five  (5)  inches, 
in  depth.  The  material  and  mixture  must  be  the  same  as  specified  in  Section  672. 


STREETS— CONSTRUCTION  OF 


146 


Ch.  is 


for  cement  curb.  The  angle  of  the  gutter  with  curb  must  be  laid  to  one  and  one- 
half  (1^2)  inches  in  radius. 

The  outer  edge  of  gutter  must  be  rounded  to  one-fourth  ( % ) inch  radius. 
The  corner  of  curb  nearest  the  street  must  be  rounded  to  a one  (1)  inch  radius. 

At  corners,  the  curb  and  gutter  must  be  built  to  such  a radii  as  the  Engineer 
may  direct.  The  protecting  strip  or  form  next  to  the  street  must  be  left  in  place 
until  consent  from  the  engineer  to  remove  same  is  obtained.  Wherever,  in  his 
opinion,  it  is  necessary  to  diminish  or  increase  the  face  of  the  curb,  the  same  must 
be  done  without  extra  compensation. 

Sec.  674.  Granite  Curb.  Granite  curb  must  be  of  uniform  grain  and  tex- 
ture, free  from  laminations  or  stratifications.  The  weather  worn  surface  or 
sap  product  will  not  be  accepted. 

All  stone  curbing  must  be  six  (6)  inches  in  width  measured  at  right  angles 
to  the  face  across  the  top.  Its  depth  must  be  at  least  twenty  (20)  inches,  nor 
more  then  twenty-four  (24)  inches. 

The  ends  of  the  curb  must  not  vary  more  than  two  (2)  inches  from  a 
square  with  the  top. 

Circular  curbing  must  be  of  such  lengths  and  cut  to  such  radii  as  the 
Engineer  may  direct  for  each  corner. 

Straight  curbing  must  not  be  less  than  five  (5.)  feet  in  length,  except  at 
closures. 

All  curb  must  be  neatly  dressed  with  Pean  hammer,  true  and  smooth,  for 
three  (3)  inches  on  the  back,  across  the  top  and  for  twelve  (12)  inches  on  its 
face  and  twelve  (12)  inches  across  if  necessary  on 'ends.  All  rough  portions 
below  this  must  be  dressed  sufficient  to  allow  of  even  adjustment  and  true  line. 

All  curb  must  be  set  befdre  laying  of  any  pavement  or  the  foundation. 

Sec.  675.  Limestone  Curb.  Limestone  curbing  must  be  of  best  quality 
of  Kentucky  or  Indiana  limestone.  Samples  of  curbing  from  the  quarry,  from 
which  the  Contractor  expects  to  get  his  supply,  must  be  furnished  prior  to  the 
letting  of  the  contract.  The  name  of  the  quarry,  its  location  and  owner  must 
appear  labeled  on  the  same. 

Limestone  curb  must  conform  in  measurement  and  manner  of  dressing  to 
that  specified  for  granite. 

Sec.  676.  Brick  Gutter.  Brick  gutter  shall  be  twenty-two  (22)  inches  in 
width,  with  the  brick  laid  parallel  to  the  curb,  and  the  joints  filled  with  the 
cement  grout.  In  all  other  respects,  brick  gutters  shall  be  laid  in  accordance 
with  the  specifications  for  brick  paving  prescribed  by  Sections  638  to  647  inclu- 
sive. 

Sec.  677.  Cement  Gutters.  Cement  gutters,  when  not  combined  with 
curb,  shall  be  twenty  (20)  inches  in  width,  with  concrete  base  four  and  one-half 
(434)  inches  thick,  and  a top  surface  of  one  and  one-half  (ij4)  inches  thick,  the 
material,  mixture  and  manner  of  laying  to  conform  to  the  requirements  of  Sections 
672  and  673  inclusive  of  this  ordinance. 


Prescribing  Regulations  and  Specifications  for  the  Improvement  of  Portions  of 
the  Streets  Required  to  be  Maintained  by  The  Kentucky 
Traction  and  Terminal  Company. 

Sec.  678.  General  Provisions.  The  following  regulations  and  specifica- 
tions are  prescribed  for  the  construction  and  re-construction  of  that  portion  of 
any  of  the  streets  of  the  City  of  Lexington,  for  the  maintenance  of  which  the 


Ch.  i5 


STREETS— CONSTRUCTION  OF 


i47 


Kentucky  Traction  & Terminal  Company,  formerly  the  Lexington  Railway  Com- 
pany is  liable  under  its  contract  with  the  City,  being  all  that  portion  of  any  street 
lying  between  the  tracks  of  said  Company  and  eighteen  (18)  inches  outside  of  the 
outer  rails  of  such  tracks,  and  the  portion  lying  between  any  double  tracks  or 
switches  of  said  Company,  but  the  specifications  herein  prescribed  shall  apply, 
and  be  used  only  on  such  streets  as  the  General  Council  may  authorize  and  direct 
-by  ordinance. 

All  the  general  provisions  prescribed  by  Sections  576  to  596  inclusive, 
shall  apply  to  work  done  under  the  specifications  prescribed  by  this  ordinance. 

Sec.  679.  Brick  Paving.  When  said  Company’s  portion  of  a street  is  to 
be  constructed  with  brick  paving,  the  work  shall  be  done  according  to  the  follow- 
ing specifications : “The  base  or  foundation  shall  have  six  (6)  inches  of  crushed 

stone  of  a size  that  will  pass  through  a two  (2)  inch  ring  under  the  ties  to  be 
rolled  until  thoroughly  compacted,  and  this  stone  shall  be  brought  to  a point  four 
(4)  inches  below  the  base  of  the  rail,  between  the  ties  from  that  point  Portland 
Cement  concrete,  which  shall  be  mixed  as  specified  under  Sections  600  to  604, 
inclusive  of  Ordinance  No.  2876,  shall  be  laid  up  to  a point  of  five  (5)  inches  be- 
low the  top  of  the  rail.  All  work  up  to  this  point  shall  be  done  by  the  Ken- 
tucky Traction  and  Terminal  Company.  On  this  foundation  or  base,  the  con- 
tractor shall  first  spread  a layer  of  good,  clean,  sharp  sand,  one  (1)  inch  thick, 
and  brought  to  a level  grade  four  (4)  inches  below  the  top  of  the  rail  with  a 
light  roller  or  hand  lute.  Upon  the  layer  of  sand  thus  laid  shall  be  laid  a top 
course  consisting  of  one  (1)  row  of  specially  good  granite  block  along  the  inner 
or  guage  side  of  the  rails.  This  granite  block  shall  be  cut  and  dressed  as  per  blue 
print  hereto  attached,  and  made  a part  of  this  ordinance.  These  granite  blocks 
shall  be  laid  parallel  with  the  rail,  the  thin  side  of  the  block  passing  underneath 
the  head  of  the  rail,  and  being  so  laid  that  the  outer  edge  of  the  block,  which 
shall  be  four  (4)  inches  thick,  shall  be  level  with  the  top  of  the  rail.  Between 
these  rows  of  granite  blocks,  the  paving  shall  consist  of  vitrified  block-brick, 
specially  burnt  for  paving  purposes,  of  uniform  size,  free  from  flaws,  cracks  or 
breaks.  The  blocks  shall  be  laid  on  edge,  parallel  with  the  rail  and  on  a level 
with  the  rail.  The  paving  shall  be  rammed  two  (2)  or  more  times  under  the 
flatter,  as  the  City  Engineer  may  direct,  with  a paver’s  hammer  weighing  not 
less  than  forty  (40)  pounds,  and  no  metal  on  the  lower  face  shall  be  allowed  to 
come  in  contact  with  the  paving,  or  the  paving  shall  be  thoroughly  rolled  with 
a light  road  roller  as  may  be  directed  by  the  City  Engineer.  The  paving 
eighteen  inches  (18)  on  the  outside  of  the  rails  of  the  track  shall  be  laid  of  the 
same  character  of  block  brick,  and  in  the  same  manner  as  prescribed  above,  ex- 
cept that  all  bricks  laid  on  the  outside  of  the  rails  shall  be  laid  one-  quarter  (%) 
of  an  inch  lower  than  the  top  of  the  rail.  After  the  brick  work  is  completed 
the  joints  or  space  between  all  brick  and  the  granite  blocks  and  the  rails  shall  be 
filled  with  cement  grout  of  best  quality,  or  asphalt  filler,  or  paving  pitch,  as 
may  be  directed  by  the  General  Council.  This  filler  shall  be  mixed  and  poured 
as  per  specifications  prescribed  by  Section  70  of  Ordinance  No.  2876.  The  void 
on  the  outside  of  the  rail  between  the  head  and  the  base  of  the  rail,  and  between 
the  first  row  of  brick  and  the  web  of  the  rail,  shall  be  filled  with  a mixture  con- 
sisting of  one  (1)  part  of  Portland  cement,  three  (3)  parts  of  sand,  and  three  (3) 
parts  of  clay  or  loam.  This  mixture  shall  be  mixed  to  a plastic  consistency  and 
shall  be  placed  just  prior  to  the  laying  of  the  first  row  of  paving  brick  on  the  out- 
side of  the  rail. 

Sec.  680.  Bitulithic  Paving.  When  said  Company’s  portion  of  a street 
is  to  be  constructed  with  amesite,  filbertine,  asphaltic  concrete  or  other  improved 
form  of  bitulithic  paving,  the  General  Council  shall  so  authorize  and  direct,  the 
work  shall  be  done  in  accordance  with  the  following  specifications : “The  base  or 


148 


STREETS— CONSTRUCTION  OF 


Ch.  15 


foundation  shall  consist  of  a bed  of  crushed  stone  that  will  pass  through  a two  (2) 
inch  ring,  six  (6)  inches  thick,  under  the  ties  and  between  the  ties  to  a point  two 
(2)  inches  below  the  base  of  the  rail.  On  top  of  this  there  will  be  laid  a course  of 

Portland  Cement  concrete,  which  shall  be  mixed  as  is  specified  in  Section 

which  shall  be  laid  to  a point  three  (3)  inches  below  the  top  of  the  rail,  excepting 
a space  five  (5)  inches  wide  on  each  side  of  the  rails  for  laying  the  granite  blocks; 
hereinafter  specified,  at  which  point  the  concrete  shall  be  laid  to  a point  five  (5) 
inches  below  the  top  of  the  rail.  All  work  up  to  this  point  shall  be  done  by  the 
Kentucky  Traction  & Terminal  Company.  Along  the  five  (5)  inch  space  on 
each  side  of  the  rail  hereinbefore  mentioned  shall  be  then  laid  a layer  of  good' 
clean,  sharp  sand  one  (1)  inch  in  depth.  Upon  this  sand,  and  along  the  inner 
guage  side  of  the  rail  on  each  side  shall  be  laid  parallel  with  the  rail  standard: 
granite  blocks,  cut  and  dressed  as  per  blue-print  hereto  attached  and  made  part 
of  this  ordinance.  The  thin  side  of  the  block  passing  underneath  the  head  of 
the  rail,  and  the  blocks  being  laid,  so  that  the  outer  edge  of  the  block  shall  be 
four  (4)  inches  thick,  shall  be  on  a level  with  the  top  of  the  rail.  Between  these 
rows  of  granite  blocks  shall  be  laid  the  paving  designated  by  the  General 
Council  of  the  City  of  Lexington,  and  this  paving  shall  be  laid  in  all  respects  in: 
accordance  with  the  general  specifications  for  such  paving,  which  may  have 
been,  or  may  hereafter  be  adopted  by  the  General  Council  of  the  City  of  Lexing- 
ton for  the  construction  or  re-construction  of  streets  with  such  paving.  Against 
the  outside  of  the  rails  there  shall  be  laid  standard  granite  blocks  as  specified  in 
Section  77  of  Ordinance  No.  2876  (Sec.  553),  flat  and  parallel  with  the  rail.  These 
blocks  shall  be  laid  upon  a layer  of  good,  clean,  sharp  sand  one  (1)  inch  thick,  of 
the  same  character  in  all  respects  as  hereinbefore  provided  with  respect  to  the 
granite  block  laid  on  the  inner  or  guage  side  of  the  rail,  except  that  they  shall  be 
laid  one-eighth  of  an  inch  lower  than  the  top  of  the  rail.  The  remainder  of 
the  eighteen  (18)  inches  on  the  outside  of  the  rail  shall  be  laid  with  paving  the 
same  as  prescribed,  between  the  rails  and  the  rest  of  the  street.  The  void  ora 
the  outside  of  the  rail  between  the  head  and  base  of  the  rail  and  between  the 
granite  block  and  the  web  of  the  rail  shall  be  filled  with  a mixture  consisting  of 
one  (1)  part  of  Portland  Cement,  three  (3)  parts  of  sand  and  three  (3)  parts  of 
clay  or  loam.  This  shall  be  mixed  to  a plastic  consistency,  and  shall  be  placed 
just  prior  to  the  laying  of  the  first  row  of  paving  brick  on  the  outside  of  the  rail. 

Sec.  681.  The  ordinance  ordering  the  construction  of  any  street  on  which 
is  located  a street  car  track,  must  specify  which  kind  of  paving  is  to  be  used  in 
the  car  track. 

Sec.  682.  In  the  construction  of  said  Company’s  portion  of  any  street 
under  the  provisions  of  this  ordinance,  such  work  shall,  in  any  particular  not 
covered  by  this  ordinance,  be  controlled  by,  and  done  in  accordance  with  the 
provisions  of  Ordinance  No.  2876  (Sections  576  to  677  inclusive)  of  the  City 
of  Lexington. 

Sec.  683.  Nothing  herein  shall  be  constructed  as  repealing  Ordinance  No^ 
2876  of  the  City  of  Lexington,  (Sections  576  to  677  inclusive),  or  any  part  thereof. 
The  General  Council  expressly  reserves  the  right  to  require  the  Kentucky  Trac- 
tion & Terminal  Company  to  construct  its  portion  of  any  street  in  accordance 
with  the  specifications  prescribed  under  said  Ordinance  2876,  (Sections  576  to 
677  inclusive),  and  said  Company  shall  not  construct  its  portion  of  any  street 
under  the  specifications  prescribed  by  this  ordinance,  unless  authorized  to  do  so 
by  ordinance  of  the  General  Council. 


Ch.  16 


TAX  BILLS 

CHAPTER  1 6. 


149 


TAX  BILLS. 

Sec.  684.  Correction  of  Name.  Whenever  an  error  of  any  description  in 
the  name  or  names  only  appear  upon  the  tax  bills,  and  the  taxpayer  desires  same 
corrected,  the  City  Treasurer  is  hereby  authorized  and  directed  to  make  said 
correction. 

Sec.  685.  Contractor  Entitled  to.  Upon  request  made  upon  the  City 
Auditor  by  any  contractor  who  is  entitled  to  the  benefit  of  special  taxes  levied 
by  ordinances  for  the  construction  of  any  sewer,  sidewalk,  street  or  other  im- 
provement, it  shall  be  the  duty  of  the  auditor  to  furnish  said  contractor  a tax 
bill  against  each  person  upon,  whose  property  such  taxes  has  been,  or  may  be 
levied,  which  tax  bill  shall  be  in  substantially  the  following  form : 

“I  certify  that  a special  and  local  tax  of dollars  ($ ) was 

levied  by  Ordinance  No on  the  property  of situated  on 

Street,  Lexington,  Kentucky,  to  pay  for  the  construction  of 

on  said  street,  which  tax  bears  interest  at  the  rate  of  six  per  cent  per 

annum  from until  paid.  This  tax  is  due  and  payable  to 

contractor  for  said  work,  and  said  contractor  is  entitled  to  collect  this  tax  bill. 

Upon  the  production  of  this  tax  bill  at  this  office  properly  receipted  by 
said  contractor,  a certificate  will  be  given  showing  payment  of  said  tax  and  the 
lien  provided  by  law  for  the  security  thereof  will  be  cancelled  and  released.’, 

The  blanks  in  said  tax  bills  will  be  properly  filled  by  the  auditor  showing 
the  name  of  the  person,  amount  of  tax  and  interest,  number  of  the  assessing 
ordinance,  name  of  street,  kind  of  improvement  and  the  name  of  the  contractor 
entitled  to  the  tax.  Said  bill  will  be  signed  by  the  auditor  in  his  official  capacity 
and  he  will  make  proper  entry  on  his  record  of  said  tax  showing  the  issuance  of 
said  tax  bill. 

Sec.  686.  Collections  by  Contractors.  When  any  such  tax  bill  has  been 
issued  to  a contractor  he  will  have  the  right  to  collect  on  the  same  from  the 
person  liable  therefor,  whereupon,  the  contractor  will  receipt  the  tax  bill  and 
deliver  it  to  the  person  paying  same,  and  it  will  then  be  the  duty  of  such  person 
to  present  the  receipted  tax  bill  to  the  auditor,  who  will  take  up  and  retain  the 
same  on  file  in  his  office,  and  he  will  also  issue  to  such  person  an  official  certificate 
showing  that  the  tax  bill  has  been  produced  to  him  properly  receipted,  and  that 
the  tax  lien  is  thereupon  released.  This  section  will  be  printed  upon  the  back  of 
such  tax  bills. 

Sec.  687.  Lien  Not  Waived.  Nothing  herein  shall  be  construed  as  re- 
leasing or  waving  the  lien  provided  by  law  for  the  security  of  improvement 
taxes,  except  as  provided  in  the  preceding  section,  and  any  contractor  holding 
unpaid  tax  bills  may  at  any  time  return  them  to  the  auditor,  whereupon  further 
proceedings  may  be  had  thereon,  as  provided  by  law  and  said  tax  lien  enforced 
t)y  appropriate  action. 

Sec.  688.  When  Contractor  Not  Entitled  to.  In  no  case  will  the  auditor 
deliver  tax  bills  to  any  contractor  when  the  same,  or  the  proceeds  theroef,  may 
Have  been  assigned  by  the  contractor  or  attached  under  order  of  court. 


150  ' WARDS  OF  THE  CITY  Ch.  17 

CHAPTER  17. 

WARDS  OF  THE  GITY. 

Sec.  689.  That  all  of  the  territory  within  the  corporate  limits  of  the  City 
of  Lexington,  Kentucky,  as  now  laid  off  and  defined,  be,  and  the  same  is  hereby 
laid  off  and  divided  into  six  (6)  wards. 

Sec.  690.  First  Ward.  All  of  that  part  of  the  City  of  Lexington  within* 
the  following  described  boundary  is  hereby  laid  off  and  established  as  the  first 
ward,  viz : Beginning  at  the  center  of  the  intersection  of  Broadway  and  Main 

Streets,  thence  south  with  the  center  line  of  Broadway  to  the  city  limits,  thence 
in  a northwesterly  direction  with  the  city  limits  to  the  center  line  of  Main  Sreet 
thence  east  on  Main  street  to  Broadway. 

Sec.  691.  Second  Ward.  All  of  that  part  of  the  City  of  Lexington  withim 
the  following  described  boundary  is  hereby  laid  off  and  established  as  the  second 
ward,  viz:  Beginning  at  the  center  line  of  the  intersection  of  Broadway  and 

Main  streets,  thence  west  with  the  center  line  of  Main  street  to  the  city  limits,, 
thence  with  the  city  limits  in  a northeasterly  direction  to  the  center  line  of 
Broadway  Street,  thence  south  with  the  center  line  of  Broadway  to  the  beginning.. 

Sec.  692.  Third  Ward.  All  that  part  of  the  city  within  the  following 
boundary  is  hereby  laid  off  and  established  as  the  third  ward,  viz : Beginning  at 

the  center  of  the  intersection  of  Broadway  and  Main  streets,  thence  north  with 
the  center  line  of  Broadway  to  the  city  limits,  thence  with  the  city  limits  in  an 
easterly  direction  to  the  center  line  of  Limestone  street,  thence  south  with  the 
center  line  of  Limestone  street  to  the  center  of  the  intersection  of  Limestone  and 
Fourth  streets,  thence  with  the  center  line  of  Fourth  street  east  to  the  center  of 
the  intersection  of  Fourth  and  Walnut  streets,  thence  with  the  center  line  of 
Walnut  street  to  the  center  of  the  intersection  of  Walnut  and  Third  streets, 
thence  with  the  center  line  of  Third  street  west  to  the  center  of  the  intersection 
of  Third  and  Limestone  streets,  thence  with  the  center  of  Limestone  street  south 
to  the  center  of  the  intersection  of  Limestone  and  Main  streets,  thence  with  the 
center  line  of  Main  street  west  to  the  beginning. 

Sec.  693.  Fourth  Ward.  All  that  part  of  the  City  of  Lexington  within 
the  following  prescribed  boundary  is  hereby  laid  off  and  established  as  the 
fourth  ward,  viz : Beginning  at  the  center  of  the  intersection  of  Limestone  and 

Main  streets,  thence  north  with  the  center  line  of  Limestone  street  to  the  center 
of  the  intersection  of  Limestone  and  Third  streets,  thence  east  with  the  center  . 
line  of  Third  street  to  the  center  of  the  intersection  of  Third  and  Walnut  streets,, 
thence  north  with  the  center  line  of  Walnut  street  to  the  center  of  the  inter- 
section of  Walnut  and  Fourth  streets,  thence  west  with  the  center  line  of  Fourth 
street  to  the  center  of  the  intersection  of  Fourth  and  Limestone  streets,  thence 
north  with  the  center  of  Limestone  street  to  the  city  limits,  thence  in  an  easterly 
direction  with  the  city  limits  to  Main  street,  thence  with  the  center  line  of  Main 
street  west  to  the  beginning. 

Sec.  694.  Fifth  Ward.  All  that  part  of  the  City  of  Lexington  within  the 
following  prescribed  boundary  is  hereby  laid  off  and  established  as  the  fifth 
ward,  viz : Beginning  at  the  intersection  of  Limestone  and  East  Main  streets, 

thence  east  with  the  center  line  of  Main  street  to  the  city  limits,  thence  with  the 
city  limits  in  a southwesterly  direction  to  the  center  line  of  Limestone  street, 
thence  north  on  Limestone  street  to  the  beginning. 

Sec.  695.  Sixth  Ward.  That  all  that  part  of  the  City  of  Lexington  within- 
the  following  prescribed  boundary  is  hereby  laid  off  and  established  as  the  sixth 


Ch.  1 7 


WARDS  OF  THE  CITY 


151 

ward,  viz ; Beginning  at  the  intersection  of  Main  and  Limestone  streets,  thence 
south  with  the  center  line  of  Limestone  street  to  the  city  limits,  thence  in  a 
westerly  direction  with  the  city  limits  to  Broadway,  thence  with  the  center  line 
of  Broadway  to  Main  street,  thence  with  the  center  line  of  Main  street  east  to 
the  beginning  at  Main  and  Limestone  streets. 


APPENDIX 


154 


ORDINANCE  NO.  593. 

ORDINANCE  NO.  593 


Providing  for  the  Appointment  of  a Building  Inspector — Prescribing  His  Duties 

and  Fixing  His  Compensation. 

Be  it  ordained  by  the  Board  of  Commissioners  of  the  City  of  Lexington : 

Sec.  1.  There  is  hereby  created  in  the  Department  of  Public  Works  the 
position  of  employment  of  Building  Inspector  at  a salary  of  one  hundred  and 
twenty-five  ($125.00)  per  month.  Said  position  will  be  filled  by  appointment  of 
the  Board  of  Commissioners  as  other  positions  of  employment  are  filled,  but  no 
one  shall  be  appointed  Building  Inspector  until  he  has  passed  a satisfactory  ex- 
amination as  provided  in  the  next  section. 

Sec.  2.  A Board  of  Examiners  consisting  of  five  (5)  persons  shall  be  ap- 
pointed by  the  Mayor  to  examine  all  applicants  for  the  position  of  Building  In- 
spector with  reference  to  their  qualifications  for  such  position.  Said  board  shall 
be  appointed  as  follows : One  member  from  the  Federation  of  Labor,  one  from 
the  Actuarial  Bureau,  one  from  the  Builders’  Exchange,  one  to  be  an  Architect 
selected  by  the  Board  of  Commerce  and  one  to  be  a Civil  Engineer  from  the  State 
University.  Said  appointments  to  be  made  by  the  Mayor  upon  the  recommenda- 
tion of  the  governing  authority  of  the  respective  organizations  and  corporations 
above  named.  They  shall  be  appointed  for  one  (1)  year  and  until  their  successors 
are  appointed,  and  will  serve  without  compensation.  All  applications  for  ap- 
pointment as  Building  Inspector  will  be  filed  with  or  referred  to  said  Board  of 
Examiners,  which  board  will,  upon  reasonable  notice  to  the  applicants,  examine 
them  with  reference  to  their  qualifications  for  said  position  and  will  report  the 
result  of  their  examinations  in  writing  to  the  Board  of  Commissioners. 

Sec.  3.  It  shall  be  the  duty  of  the  Building  Inspector  to  examine  all  plans 
submitted  to  the  Commissioner  of  Public  Works  for  building  permits  to  see  if 
they  are  in  accordance  with  the  ordinances,  and  the  building  requirements  and 
regulations  of  the  city  and  he  will  report  the  result  of  such  examinations  to  the 
Commissioner  of  Public  Works.  He  will  also  examine  and  inspect  from  time  to 
time  all  buildings  and  structures  being  erected  in  the  city  to  see  if  the  work  is 
being  done  in  accordance  with  the  plans  therefor  and  the  ordinances,  and  the 
building  requirements  and  regulations  of  the  city  and  will  report  the  result  of 
his  inspections  to  the  Commissioner  of  Public  Works.  He  will  also  make  such 
examinations  and  inspections,  from  time  to  time,  of  existing  buildings  and  struc- 
tures as  the  Commissioner  of  Public  Works  may  direct,  to  see  if  such  buildings 
conform  to  the  ordinances,  and  the  building  requirements  and  regulations  of  the 
city  and  will  report  the  result  of  his  inspections  to  the  Commissioner  of  Public 
Works. 

Sec.  4.  This  ordinance  shall  take  effect  when  signed,  recorded  and  pub- 
lished as  required  by  law. 

Passed  Board  of  Commissioners  March  8,  1915. 

Attest : J.  E.  CASSIDY, 

JAS.  J.  O’BRIEN,  City  Clerk.  Mayor. 


ORDINANCE  NO.  621. 


155 


* ORDINANCE  NO.  621. 

To  Amend  and  Re-Enact  Section  138  of  the  Revised  Ordinances  Relating  to> 
Automobile  Licenses. 

Be  it  ordained  by  the  Board  of  Commissioners  of  the  City  of  Lexington : 

Sec.  1.  That  Section  138  of  the  Revised  Ordinances  be  and  the  same  is 
hereby  amended  to  read  as  follows : 

Sec.  138.  Each  person,  firm  or  corporation,  other  than  a keeper  of  a 
garage  as  defined  in  the  preceding  section,  who  shall  operate  an  automobile  within 
the  City  for  the  purpose  of  carrying  passengers  for  hire,  or  who  shall  rent  out 
automobiles  in  the  City  for  hire,  shall  pay  an  annual  license  fee  of  Twenty-Five 
($25.00)  Dollars,  which  license  shall  authorize  the  operation  or  rental  of  one  (1) 
machine;  and  such  person,  firm  or  corporation,  shall  pay  an  additional  annual 
license  of  Ten  ($10.00)  Dollars  for  each  additional  machine  so  operated  or  rented 
out  by  him.  No  license  shall  be  issued  under  this  section  except  upon  payment  of 
the  full  year’sjicense  fee.  Upon  the  payment  of  such  license,  the  City  Clerk  shall, 
without  charge,  furnish  registry  tags  as  provided  in  Section  131  of  the  Revised 
Ordinances.  Any  person  who  shall  violate  this  section  shall,  upon  conviction,  be 
fined  not  less  than  Ten  ($10.00)  Dollars,  nor  more  than  Twenty-Five  ($25.00) 
Dollars  for  each  offense,  and  the  operation  or  rental  of  each  machine  without  a 
license  as  provided  in  this  section  shall  constitute  a separate  offense. 

Sec.  2.  This  ordinance  shall  take  effect  when  signed,  recorded  and  pub- 
lished as  required  by  law. 

Passed  Board  of  Commissioners,  April  16,  1915. 

Attest : J.  E.  CASSIDY, 

JAS.  J.  O’BRIEN,  City  Clerk.  Mayor. 

*NOTE — Amends  Sec.  203  of  this  Revision. 


ORDINANCE  NO.  662. 


156 


* ORDINANCE  NO.  662. 

To  amend  and  re-enact  Section  XVII.  of  Ordinance  No.  149  of  the  City  of  Lex- 
ington, Entitled:  “An  ordinance  to  establish  a Sanitary  and  Health  Code 
for  the  City  of  Lexington  and  to  Provide  Penalties  for  the  violation  thereof,” 
passed  by  the  Board  of  Commissioners  July  9, 1913. 

Be  it  ordained  by  the  Board  of  Commissioners  of  the  City  of  Lexington : 

Sec.  1.  That  Section  17  of  said  Ordinance  No.  149,  of  the  City  of  Lex- 
ington, be  amended  and  re-enacted  to  read  as  follows : 

Sec.  XVII.  No  person  shall  bring  any  fresh  meat,  poultry,  fish,  ice  cream, 
or  other  fresh  meat  or  meat  product  into  the  City  of  Lexington  for  sale  without 
a permit  so  to  do  from  the  Health  Officer ; and  no  person  shall  operate  any  place 
where  fresh  meat,  poultry,  fish,  ice  cream,  or  other  fresh  meat  or  meat  product  is 
poduced,  prepared,  kept,  offered  for  sale,  or  sold  in  the  City  of  Lexington,  or  any 
soda  fountain,  pop  or  other  bottling  factory,  or  other  place  where  foods  are  pro- 
duced, prepared,  stored,  kept  or  offered  for  sale,  except  foods  which,  from  their 
method  of  packing,  and  by  reason  of  handling  in  original  packages,  are  not  sub- 
ject to  contamination,  without  a permit  so  to  do  from  the  Health  Officer.  Such 
permit  shall  be  issued  annually  by  the  Health  Officer,  free  of  charge,  subject  to 
the  approval  of  the  Board  of  Health  and  the  Board  of  Commissioners,  and  only 
upon  the  Health  Officer  and  the  Board  of  Commissioners  being  satisfied  that  the 
place  where  such  products  are  being  produced,  prepared,  stored,  kept,  or  offered 
for  sale,  is  operated  and  maintained  in  a condition  as  provided  for  in  other  pro- 
visions of  this  ordinance,  and  that  such  place  has  the  equipment  and  method 
necessary  for  the  maintenance  of  sanitary  conditions  throughout.  And  whenever 
such  sanitary  conditions,  as  provided  in  this  ordinance,  shall  be  found  not  to 
exist,  such  permit  shall  be  revoked,  provided,  however,  that  before  the  revokal  of 
such  permit  the  party  or  parties  at  interest  shall  be  given  a notice  of  the  con- 
ditions complained  of,  together  with  a statement  of  a time  within  which  the  con- 
ditions shall  be  corrected,  and  if,  after  such  notice,  conditions  are  not  corrected, 
then  shall  the  permit  be  revoked,  but  the  party  or  parties  at  interest  shall  have 
the  right  to  appeal  to  the  Board  of  Health,  the  Board  of  Commissioners  and  to 
the  courts.  Such  permit  shall  be  renewed  annually  on  the  first  day  of  April  to 
be  valid,  and  the  payment  of  any  license  fee  to  the  City  of  Lexington  shall  not 
entitle  the  holder  of  such  license  to  operate  any  business  for  which  a sanitary  per- 
mit is  required  in  this  ordinance,  unless  such  party  or  parties  also  comply  with 
the  conditions  necessary  for  the  sanitary  permit.  No  person  or  persons  shall  do 
any  street  vending  of  fish  upon  the  streets  of  the  City  of  Lexington.  Any  person 
or  persons  bringing  for  sale  in  the  City  of  Lexington,  or  selling  any  such  products 
as  mentioned  in  this  section  without  a permit  so  to  do,  or  after  such  permit  shall 
have  been  revoked,  or  street  vending  of  fish,  shall,  upon  conviction,  be  fined  not 
less  than  ten  ($10.00)  dollars  nor  more  than  One  Hundred  ($100.00)  Dollars,  for 
each  offense,  and  each  day’s  time  shall  constitute  a separate  offense. 

Sec.  2.  This  ordinance  shall  take  effect  when  signed,  recorded  and  published 
as  required  by  law. 

Passed  Board  of  Commissioners  June  4,  1915. 

Attest:  J.  E.  CASSIDY, 

JAS.  J.  O’BRIEN,  City  Clerk.  Mayor. 


*NOTE — Amends  Sec.  31,  this  Revision. 


SANITARY  PLUMBING  AND  EXAMINERS 


157 


ORDINANCE  NO.  607. 

PRESCRIBING  SPECIFICATIONS,  RULES  AND  REGULATIONS  FOR 
SANITARY  PLUMBING,  CREATING  A BOARD  OF  EXAMINERS 
PLUMBERS. 

Be  it  ordained  by  the  Board  of  Commissioners  of  the  City  of  Lexington : 

PREAMBLE. 

These  rules  and  regulations  shall  apply  to  and  include  all  sanitary  work, 
installation  or  equipment  hereafter  installed,  constructed  or  altered  in,  for  or 
about  a building  or  structure  of  any  kind,  class  or  character,  or  used,  or  to  be 
used  for  any  purpose  whatsoever. 


TITLE  I. 

Board  of  Examiners,  Plumbing  Inspector  and  Duties  of  Same. 

Sec.  1.  No  person  shall  hereafter  follow,  engage  in  or  work  at  the  trade 
or  occupation  of  plumbing  in  the  City  of  Lexington,  either  as  a master  plumber  or 
a journeyman  plumber  until  he  shall  have  first  procured  a license  therefor  in 
accordance  with  the  provisions  herein. 

Sec.  2.  Any  person  desiring  to  follow,  engage  in  or  work  at  the  trade  or 
occupation  of  plumbing  in  the  City  of  Lexington,  either  as  a master  plumber  or 
a journeyman  plumber,  shall  make  application  to  the  Board  of  Examiners,  here- 
inafter provided  for,  and  shall,  at  such  time  and  place  as  such  Board  may  desig- 
nate, undergo  an  examination  as  to  his  qualifications  and  competency  in  the 
plumbing  trade. 

Sec.  3.  There  is  hereby  created  a Board  of  Examiners  of  Plumbers  con- 
sisting of  six  (6)  members,  one  to  be  a member  of  the  Board  of  Health,  one  (1) 
to  be  a member  of  the  Health  Department,  the  Plumbing  Inspector,  two  (2)  Mas- 
ter Plumbers  and  one  (1)  Journeyman  Plumber.  All  members  are  to  serve 
without  compensation.  The  other  members  shall  be  appointed  by  the  Board  of 
Health  subject  to  the  approval  of  the  Board  of  Commissioners,  for  a term  of 
office  as  follows:  One  (1)  Master  Plumber  for  one  (1)  year,  one  (1)  Master 
Plumber  for  two  (2)  years  and  one  (1)  Journeyman  Plumber  for  three  (3)  years, 
and  said  appointments  shall  be  made  as  soon  as  allowed  by  law,  after  the  passage 
of  this  ordinance.  After  the  expiration  of  the  first  term  of  office,  the  three  (3) 
members  mentioned  above  shall  each  be  appointed  for  a term  of  three  (3)  years. 

Sec.  4.  Said  Board  of  Examiners  shall,  within  thirty  (30)  days  after  the 
appointment  of  members  meet  and  organize  by  the  selection  of  a Chairman  and 
Secretary,  and  a time  and  place  shall  be  designated  for  the  examination  of  all 
applicants  for  license.  Said  Board  shall  examine  applicants  for  a master  plumb- 
er’s license  as  to  their  practical  and  theoretical  knowledge  of  plumbing,  house 
drainage  and  ventilation  and  also  as  to  their  ability  to  lay  out  plumbing  work. 
All  applicants  for  a journeyman  plumber’s  license  shall  be  by  such  Board,  exam- 
ined as  to  their  practical  knowledge  of  and  mechanical  competency  in  the  per- 
formance of  plumbing  work.  All  applicants,  whether  for  a master’s  or  journey- 
man’s license  shall  be  examined  as  to  their  knowledge  of  the  ordinance  of  the  City 
regulating  such  work.  Such  examinations  may  be  made  in  whole  or  part  in  writ- 
ing. If  satisfied  of  the  competency  of  the  applicant,  the  board  shall  so  certify, 
and,  whether  as  a master  plumber  or  journeyman  plumber,  to  the  City  Clerk,  and 


SANITARY  PLUMBING  AND  EXAMINERS 


158 

he  shall,  upon  the  payment  by  the  applicant  into  the  City  Treasury  of  the  fee 
hereinafter  prescribed,  issue  to  such  applicant  a license  in  accordance  with  such 
certificate,  authorizing  him  to  follow,  engage  in  or  work  at  the  trade  or  occupa- 
tion of  plumbing  in  the  City  of  Lexington  in  the  capacity  specified  in  such  license. 
The  fee  for  a license  as  a master  plumber  shall  be  five  ($5.00)  dollars,  and  for  a 
license  as  a journeyman  plumber  shall  be  one  ($1.00)  dollar.  Such  license  shall 
be  renewed  annually  upon  the  payment  of  a fee  of  fifty  ($0.50)  cents.  Any  appli- 
cant having  failed  to  successfully  pass  an  examination,  either  for  a master 
plumber’s  license  or  a journeyman  plumber’s  license,  shall  not  be  eligible  for  re- 
examination until  the  expiration  of  a period  of  six  (6)  months  from  date  of 
former  examination.  A temporary  license  may  be  issued  by  the  Plumbing 
Inspector  to  any  applicant  for  either  master  or  journeyman  plumber  license  until 
an  examination  for  same  is  held.  Every  person  who  shall  receive  a license  as  a 
master  plumber  shall  register  with  the  Secretary  of  the  Board  of  Examiners, 
upon  such  form  or  forms  as  the  said  board  may  direct,  his  name,  place  of  business 
and  home  address.  Every  partnership  or  corporation  desiring  to  engage  in  the 
business  of  plumbing,  gas  fitting  and  drainlaying  as  a master  plumber  shall  cause 
to  be  filed  with  the  secretary  of  the  said  Board  of  Examiners  a statement,  subscribed 
and  sworn  to  by  a member  of  such  partnership  or  an  officer  of  such  corporation, 
reciting  the  members  of  the  partnership,  its  place  of  business,'  or  the  officers, 
foreman  or  superintendent  of  such  corporation  and  its  place  of  business.  Every 
partnership  and  corporation  desiring  to  engage  in  the  business  of  plumbing,  gas 
fitting  and  drainlaying  as  a master  plumber,  shall  have  at  least  one  member  of 
such,  partnership,  or  one  officer,  foreman  or  superintendent  of  such  corporation, 
a qualified  licensed  master  plumber,  and  such  partnership  or  corporation  may 
follow  and  engage  in  such  business  of  master  plumber  upon  the  license  of  such 
member  or  officer.  However,  should  such  member  of  such  partnership,  or  officer, 
foreman  or  superintendent  of  such  corporation,  cease  to  represent  it  actively,  then 
it  shall  be  unlawful  for  such  partnership  or  corporation  to  engage  in  such  business 
as  master  plumber  until  another  person  has  qualified  as  herein  provided  for.  The 
license  herein  provided  for  may  at  any  time  be  revoked  for  incompetency,  dere- 
liction of  duty  or  fraudulent  use  thereof,  after  a full  and  fair  hearing  by  a ma- 
jority of  the  Examining  Board. 

Sec.  5.  All  work  and  equipment  in  the  construction,  installation,  altera- 
tion and  the  repair  of  sanitary  plumbing,  for  or  about  any  building  or  structure 
of  any  kind,  class  or  character  shall  be  done  in  accordance  with  the  specifications 
hereinafter  set  out  and  prescribed  and  not  otherwise. 

Sec.  6.  There  is  hereby  created  the  position  of  Plumbing  Inspector,  who 
shall  be  appointed  by  the  Board  of  Health,  subject  to  the  approval  of  the  Board 
of  Commissioners,  as  other  appointments  are  confirmed.  Said  Inspector  shall 
have  had  at  least  five  (5)  years  practical  experience  in  the  plumbing  trade,  and 
prior  to  his  appointment  shall  have  passed,  with  a grade  of  80%  or  above,  a com- 
petitive examination  (when  there  is  more  than  one  candidate)  for  said  position, 
said  examination  to  be  held  under  the  supervision  of  the  Board  of  Health  and 
covering  the  fundamental  knowledge  of  the  plumbing  trade.  Said  Inspector  shall 
receive  for  his  services  a compensation  not  to  exceed  $1,500  per  annum,  or  $125.00 
per  month,  but  in  no  case  shall  his  compensation  exceed  the  amount  of  fees  col- 
lected. He  shall  devote  his  entire  time  to  the  duties  of  the  office  of  Plumbing 
Inspector  and  shall  not  be  interested  in  any  branch  of  the  building  or  plumbing 
business  or  any  organization  connected  with  same,  while  holding  office,  and  shall 
execute  bond  in  the  sum  of  $1,000.00  for  the  faithful  performance  of  his  duty. 

Sec.  7.  It  shall  be  unlawful  to  proceed  with  the  construction,  repair,  alter- 
ation or  addition  to  the  plumbing  and  drainage  systems  in  any  building  or  struc- 


SANITARY  PLUMBING  AND  EXAMINERS 


159 


ture,  or  upon  the  premises  thereof,  without  first  having  obtained  a plumbing  per- 
mit in  accordance  with  the  provisions  of  this  ordinance.  In  order  to  obtain  the 
same,  the  master  plumber  must  be  registered  in  the  office  of  the  Plumbing  In- 
spector, after  showing  to  the  satisfaction  of  the  Inspector  that  he  has  been  duly 
examined  by  the  Board  of  Examiners  of  Plumbing  as  to  his  qualifications  to  do 
plumbing.  It  shall  be  the  duty  of  the  plumber  undertaking  said  work  to  make 
application  for  such  permit  in  the  office  of  the  Plumbing  Inspector  upon  blanks 
to  be  prepared  for  that  purpose,  filing  therewith  drawings  and  descriptions  for  all 
the  plumbing  and  drainage  work,  and  consisting  of  such  floor  plans  and  sections 
as  may  be  necessary  to  show  clearly  all  of  the  work  to  be  done ; and  no  work 
shall  be  commenced  or  proceeded  with  until  such  drawings  and  descriptions  shall 
have  been  filed  and  approved  by  the  Plumbing  Inspector.  No  modifications  of 
the  approved  drawings  and  descriptions  will  be  permitted  unless  either  amended 
drawings  or  descriptions,  or  an  amendment  to  the  original  drawings  and  descrip- 
tions, covering  the  proposed  change  or  changes,  are  so  filed  and  approved  by  the 
Inspector.  Repairs  or  alterations  that  do  not  provide  for  additional  fixtures  or 
changes  in  the  vertical  or  horizontal  soil,  waste,  vent  or  leader  pipes,  may  be 
made  without  a permit.  In  filing  drawings  and  descriptions,  one  set  will  be  re- 
ceived for  not  more  than  five  (5)  houses,  and  then  only  when  on  adjoining  lots 
and  the  houses  are  exactly  alike.  All  such  drawings  and  descriptions  shall  be 
filed  in  duplicate,  if  it  shall  appear  to  the  Plumbing  Inspector  that  the  said  laws 
.and  ordinances  have  been  complied  with,  and  that  the  entire  system  of  such 
plumbing  will  be  in  accordance  with  the  provisions  of  this  ordinance,  he  shall 
issue  the  permit  asked  for  and  approve  the  drawings  and  descriptions.  Whenever 
work  is  ready  for  inspection,  notice  in  writing  must  be  given  to  the  Inspector, 
who  shall  inspect  or  cause  to  be  inspected  said  work  within  twenty-four  (24) 
hours  from  the  receipt  of  such  notice.  After  each  inspection,  as  provided  for 
under  this  ordinance,  the  Inspector  shall,  if  the  work  conforms  to  the  require- 
ments of  this  ordinance,  issue  a certificate  of  such  inspection  and  approval  to  the 
€wner  or  contractor  doing  the  work. 

Sec.  8.  Fees  shall  be  charged  for  all  plumbing  permits  and  inspections 
and  shall  be  as  follows : A minimum  fee  of  two  and  one-half  ($2.50)  dollars  for 
♦each  permit,  and  one  ($1.00)  dollar  for  each  inspection;  except  where  the  cost  of 
said  plumbing  work  exceeds  one  thousand  ($1,000.00)  dollars,  there  shall  be  one 
{$1.00)  dollar  additional  charged  for  both  permit  and  inspection  fees  for  each 
one  thousand  ($1,000.00)  dollars  or  fraction  thereof  in  excess  of  one  thousand 
($1,000.00)  dollars,  further,  that  a maximum  fee  of  two  and  one-half  ($2.50) 
dollars  including  both  permit  and  inspection  fee  shall  be  charged  when  said 
plumbing  work  consists  of  the  installation  of  only  an  anti-freezing  toilet.  All 
fees  for  any  re-inspection  of  plumbing  work  made  necessary  by  faulty  work,  shall 
•conform  to  the  scale  set  out  above  for  original  inspection.  All  fees  so  collected 
shall  be  paid  into  the  hands  of  the  City  Treasurer  and  applied  solely  to  the  pay- 
ment of  the  salary  of  the  Plumbing  inspector  and  the  expenses  of  his  office, 
further,  all  permit  fees  shall  be  paid  prior  to  receiving  permit  and  all  inspection 
fees  paid  when  application  for  inspection  is  made. 

TITLE  II. 

Definitions. 

Sec.  9.  Waste  Pipe.  A waste  pipe  is  any  pipe  which  receives  the  dis- 
charge of  any  fixture  except  water  closets  and  conveys  the  same  to  the  soil  pipe 
or  house  drain. 

Sec.  10.  Soil  Pipe.  A soil  pipe  is  any  pipe  which  conveys  the  discharge 
of  water  closets,  with  or  without  other  fixtures,  to  the  house  drain. 


i6o 


SANITARY  PLUMBING  AND  EXAMINERS 


Sec.  ii.  House  Drain.  A house  drain  is  that  part  of  the  horizontal 
piping  of  a house  drainage  system  which  receives  the  discharge  of  all  soil,  waste 
and  other  drainage  pipes  inside  the  walls  of  any  building  and  conveys  the  same 
to  the  house  sewer,  three  (3)  feet  outside  the  foundation  wall  of  such  building. 

Sec.  12.  House  Sewer  or  Main  Drain.  A house  sewer  or  main  drain  is 
that  part  of  the  horizontal  piping  beginning  three  (3)  feet  from  the  foundation 
wall  to  its  connection  with  the  main  sewer  or  cess-pool. 

Sec.  13.  Vent  Pipes.  A vent  pipe  is  any  pipe  provided  to  ventilate  a 
drainage  or  plumbing  system  of  piping  and  to  prevent  syphonage  and  back 
pressure. 

Sec.  14.  Back  Vent  Pipes.  A back  vent  pipe  is  that  part  of  a vent  pipe 
line  which  connects  directly  with  an  individual  trap  underneath  or  back  of  the 
fixture,  and  extends  either  to  the  branch,  main,  soil  or  waste  vent. 

Section  15.  Soil  or  Waste  Vent.  The  soil  or  waste  vent  is  that  part  of 
the  main  soil  or  waste  pipe  above  the  highest  installed  branch  or  fixture  connec- 
tion, extending  through  the  roof. 

Sec.  16.  Conductors  and  Roof  Leaders.  Conductors  and  roof  leaders 
are  conveyors  which  carry  the  storm  or  rain  water  from  the  roof  of  a building  to 
the  pipe  line  connecting  with  the  storm  water  sewer  or  street  gutter.  The  term 
“downspouts”  is  usually  applied  to  the  vertical  portions. 

Sec.  1 7.  Local  or  Surface  Vent.  A local  or  surface  vent  is  a pipe  by 
which  the  foul  air  in  bowls  or  water  closets  or  other  plumbing  fixtures  is  re- 
moved. 

Sec.  18.  Subsoil  Drains.  A subsoil  drain  is  that  part  of  a drainage  sys- 
tem which  conveys  the  subsoil  or  ground  or  seep  from  the  foot  of  walls  or  below 
the  cellar  bottom  under  buildings,  to  the  house  sewer,  but  independent  of  the 
house  drain. 

Sec.  19.  Trap.  A trap  is  a fitting  so  constructed  as  to  prevent  the  pas- 
sage of  air  or  gas  through  a pipe  without  materially  affecting  the  flow  of  sewage 
or  waste  water  therein. 

Sec.  20.  Depth  of  Seal.  Depth  of  seal  is  the  height  of  the  water  column 
measured  between  the  points  of  overflow  and  the  dip  or  division  level  separating: 
the  inlet  and  outlet  arms  of  the  trap. 

Sec.  21.  Plumbers’  Work.  Plumbers’  work  shall  include  all  piping  in  a 
building  upon  which  tests  are  required,  to  a point  three  (3)  feet  outside  the  foun- 
dation wall,  and  shall  include  the  house  drain,  soil  and  waste  stacks,  conductors 
and  roof  leaders. 

TITLE  III. 

Size  of  Pipes. 

Sec.  22.  Sizes  of  Drains,  Soil  and  Waste  Stacks,  Mains  and  branches.. 

A.  — Twenty  (20)  square  feet  of  roof  or  yard  area  in  horizontal  projection 
counts  as  one  (1)  fixture. 

B.  — Three  (3)  feet  of  urinal  trough  or  wash  sink  counts  as  one  (1)  fixture. 

C.  — One  (1)  bath,  basin  or  sink,  or  smaller  fixture  counts  as  one  (1) 
fixture. 

D.  — One  (1)  pedestal  urinal  or  slop  hopper  sink  counts  as  two  (2)  fixtures. 

E.  — Dimensions  given  refer  to  inside  diameter. 


SANITARY  PLUMBING  AND  EXAMINERS  161 


Maximum  Number  of  Fixtures  Connected  To. 


Waste,  Soil  and  Waste  Combined. 


Size  of 
Pipe 
j'j/i-mch 
13^-inch 

2 -inch 

2p2-inch 

3 -inch 
3^-inch 

4 -inch 
.5  -inch 

6 -inch 

7 -inch 

8 -inch 

9 -inch 
to  -inch 

1 1 -inch 

12  -inch 


Branch. 

1 Fixture 

2 Fixtures 

4 Fixtures 

5 Fixtures 
10  Fixtures 
20  Fixtures 
32  Fixtures 
72  Fixtures 

144  Fixtures 
252  Fixtures 
420  Fixtures 
580  Fixtures 
800  Fixtures 
1060  Fixtures 
1420  Fixtures 


Main. 

1 Fixture 
3 Fixtures 
8 Fixtures. 
10  Fixtures 
20  Fixtures 
40  Fixtures 
64  Fixtures 
144  Fixtures 
288  Fixtures 
504  Fixtures 
840  Fixtures 
1160  Fixtures 
1600  Fixtures 
2120  Fixtures 
2840  Fixtures 


Soil  Pipe  Alone. 
Branch  Main. 


1 Water  Closet 
1 Water  Closet 
8 Water  Closets 
18  Water  Closets 
36  Water  Closets 
63  Water  Closets 
105  Water  Closets 
145  Water  Closets 
200  Water  Closets 
265  Water  Closets 
355  Water  Closets 


2 Water  Closets 
2 Water  Closets 
16  Water  Closets 
36  Water  Closets 
72  Water  Closets 
126  Water  Closets 
210  Water  Closets 
290  Water  Closets 
400  Water  Closets 
530  Water  Closets 
710  Water  Closets 


. F. — Providing  that  the  number  of  water  closets  on  any  soil  pipe,  with  or 
without  other  fixtures,  shall  never  exceed  the  number  given  in  either  of  the  last 
two  (2)  columns. 

G.  — The  number  of  fixtures  in  a building  shall  determine  the  size  of  the 
Louse  drain  and  the  area  of  the  soil  or  waste  stacks  shall  not  be  less  than  the 
•area  of  the  house  drain. 

H.  — !If  earthenware  drains  or  sewers  are  used  the  diameter  of  the  pipe 
rshall  be  increased  one  (1)  size  over  the  above  table. 


Sec.  23.  Size  of  Fixture  Traps  and  Wastes.  The  size  (inside  diameter) 
of  the  trap  and  waste  branches  for  a given  fixture  shall  never  be  less  than  the 
following: 

Size  in  Inches 

Kind  of  Fixtures — Trap  Branch 


Water  closet 3 3 

Slop  sink  with  trap  combined 3 3 

Slop  sink,  ordinary 2 2 

Lip  urinal iy2  il/2 

Pedestal  urinal  3 3 

Floor  drains  or  wash 3 3 

Yard  drains  or  catch  basins 3 3 

Urinal  troughs 2 2 

Laundry  tub 1 y2  2 

Kitchen  sinks  (residence) ip2  2 

Kitchen  sinks  (large),  hotels  or  public 2 2 

Pantry  sinks  (large),  hotels  or  public 2 2 

Pantry  or  bar  sinks iy2  2 

Wash  basins,  one  (1)  only iy2  2 

Bath  tubs iy2  iy2 

Shower  baths 2 2 

Sitz  bath  iy2  iy2 

Safe  waste  and  drip 1 1 

Drinking  fountains 1 y.  1% 

Fountain  cuspidors ij4  i/4 


SANITARY  PLUMBING  AND  EXAMINERS 


162 

Sec.  24.  Size  of  Vent  Pipe  Stacks.  The  following  table  gives  the  size  of 
vent  pipes  and  the  maximum  number  of  fixtures  they  shall  serve : 

Maximum  Number  of  Number  of 

Developed  Traps  1%  inches  Number  of  Water 

Size  of  Pipe  Length  in  Feet.  or  less  Traps,  2-inch  Closets 


i34-inch 15  1 (ij4  trap) 

i34-inch 25  3 1 ■? 

2 -inch  40  12  6 3 

234-inch  60  24  1 2 6 

3 -inch  90  48  24  12 

334-inch 130  100  50  25 

4 -inch 180  160  80  40 

5 -inch 240  210  140  70 

6 -inch  330  480  240  12a 


For  five  (5)  inch  traps  and  over,  the  vent  shall  be  one-half  (34)  the  diam- 
eter of  the  trap. 

If  the  length  of  a branch  or  main  vent  pipe  is  to  exceed  the  given  maxi- 
mum, the  above  diameter  must  be  increased  to  the  tabulated  size  opposite  the 
length  required,  irrespective  of  the  number  of  traps  vented,  but  in  no  case  shall 
the  main  vent  be  less  than  one-half  (34)  the  diameter  of  the  adjoining  soil  pipe. 

Sec.  25.  Size  of  Local  Vent  Pipe  Stacks.  In  the  following  table  the  unit 
of  a local  vent  for  a single  water  closet,  pedestal  urinal,  urinal  bowl,  slop  hopper 
or  sink,  and  to  each  three  (3)  feet  of  urinal  or  gutter  shall  be  a two  (2)  inch 
pipe. 


Maximum  Developed  No.  of  Closets  Vented- 


Size  of  Pipe. 

Length  in  Ft.  Mains. 

Branches. 

Main  Vertical  Part 

2-inch 

40 

1 

1 

3-inch 

3 

6 

4-inch  

150 

6 

12 

5-inch 

200 

10 

20 

6-inch 

250 

16 

32 

7-inch 

300 

23 

46 

8-inch 

350 

32 

64 

9-inch 

42 

84 

I o-inch 

450 

56 

112 

1 1 -inch 

500 

72 

144 

12-inch  

550 

90 

1 8a 

The  dimensions  given  refer  to  the  inside  diameter  of  the  pipe. 

Where  the  number  of  fixtures  exceeds  the  limit  of  the  tables,  sizes  and 
lengths  shall  be  increased  in  corresponding  ratio. 


TITLE  IV. 

MATERIALS,  QUALITY  AND  WEIGHT. 

Sec.  26.  Earthen  Ware  Pipe — Quality  of  Pipe.  All  earthenware  pipe 
and  fittings  shall  be  of  hub  and  spigot  pattern,  sylindrical  in  section,  thoroughly 
vitrified  through  the  thickness  of  the  pipe,  and  thoroughly  salt-glazed  over  the 
entire  inner  and  outer  surfaces  or  its  equal,  as  shown  by  reliable  and  competent 
tests.  Each  length  shall  be  of  a uniform  caliber,  smooth  bore  throughout,  with- 
out twist  or  wind,  and  free  from  fire  cracks,  blisters,  flaws  or  other  defects. 


SANITARY  PLUMBING  AND  EXAMINERS  163 


Earthen  ware  pipe  used  for  tile  drains  shall  be  without  hub  or  socket,  and 
can  be  either  cylindrical  or  D-shaped  in  section. 

Sec.  27.  A.  Cast  Iron  Pipe — Quality  of  Pipe.  All  cast  iron  pipe  and 
fittings  shall  be  sound,  cylindrical  and  smooth,  free  from  cracks,  sand  holes  and 
other  defects,  of  a uniform  thickness  and  not  lighter  than  the  commercial  grade 
known  as  “extra  heavy.” 


B.  Weights  of  Cast  Iron  Pipe.  Pipe  shall  not  weigh  less  than  the 
lowing  per  lineal  foot,  which  weights  include  the  hubs  : 


Diameter  of  Pipe. 

2- inch 

3- inch 

4- inch 

5- inch 

6- inch 

7- inch 

8- inch 


Weights  per  Foot. 
5F2  pounds 
gy2  pounds 
13  pounds 
17  pounds 
20  pounds 
27  pounds 
33>4  pounds 


fol- 

if  1 


C.  Coating  for  Cast  Iron  Pipes  and  Fittings.  All  pipe  shall  be  coated  at 
the  factory  for  underground  use  with  asphaltum  or  coal  tar  pitch.  Pipes  and 
fittings  above  ground  may  be  plain  or  coated  with  linseed  oil,  coal  oil,  asphaltum 
or  coal  tar  pitch. 

Sec.  28.  Wrought  Iron  and  Mild  Steel  Pipe.  A.  Thickness  and  Weight 

of  Pipe.  All  wrought  iron  or  mild  steel  pipe  used  for  soil,  waste  or  vent  pipes 
shall  be  galvanized  and  not  lighter  than  the  commercial  grade  known  as  “full 
weight.” 

B.  The  fittings  for  wrought  iron  or  mild  steel  waste,  soil  and  refrigerator 
waste  shall  be  cast  or  malleable  iron  or  brass  recessed  drainage  fittings,  with 
smooth  interior  waterway  and  threads  tapped  out  of  solid  metal  so  as  to  give  a 
uniform  grade  to  branches  of  not  less  than  *4-inch  per  foot. 

C.  Threaded  fittings  for  soil,  waste  and  vent  pipes  shall  be  of  brass,  gal- 
vanized malleable  iron  or  cast  iron. 

Sec.  29.  Lead  Pipes — Weights  of  Lead  Pipe.  All  pipe  used  for  branch 
soil,  waste,  vent  or  flush  pipes  shall  be  of  the  best  quality  of  drawn  pipe,  of  not 
less  weight  per  lineal  foot  than  shown  in  the  following  table : 

Lead  branch  soil,  waste,  vent  or  flush  pipes,  including  bends  and  traps : 


Internal  Diameter. 

1 -inch 

il4-inch 

i^-inch 

2 -inch 

3 -inch 

4 -inch 


Weights  Per  Foot. 

1 pound  8 ounces 

2 pounds  8 ounces 

3 pounds  8 ounces 

4 pounds 
6 pounds 
8 pounds 


i64  SANITARY  PLUMBING  AND  EXAMINERS 


Sec.  30.  Brass  Pipe  and  Fittings.  Brass  pipe  for  soil,  waste  and  vent 
pipes  shall  be  thoroughly  annealed,  seamless  drawn  or  brazed  tubing,  having 
weight  and  outside  diameter  of  not  less  than  the  following : 


Nominal 

Gauge 

Diameter 

No.  B.  & S. 

Thickness. 

Weights. 

IJ4  inches 

12 

5-64  inches 

1.08  pound 

i1/^  inches 

12 

5-64  inches 

1.32  pound 

2 inches 

12 

5-64  inches 

1.79  pound 

234  inches 

10 

7-64  inches 

2.82  pound 

3 inches 

10 

7-64  inches 

3.41  pound 

4 inches 

8 

*4  inches 

5.74  pound 

5 inches 

8 

Ys  inches 

7.22  pound 

6 inches 

8 

34  inches 

8.71  pound 

For 

flush  and  local  vents  No.  18 

gauge  may  be  used. 

Drawn  tubing  only 

shall  be  used  for  larger  sizes,  two  and  one-half  (2^4)  inches  to  six  (6)  inches, 
and  brazed  tubing  may  be  used  for  the  smaller  sizes,  one  and  one-fourth  (1  34) 
inches  to  two  (2)  inches.  Brass  fittings  shall  be  of  good  quality  of  cast  brass, 
having  a thickness  given  for  the  corresponding  brass  pipe.  The  thickness  of  the 
tapped  ends  shall  be  one  and  one-half  (i^4)  times  the  thickness  of  the  correspond- 
ing pipe. 

Brass  Ferrules.  Brass  ferrules  shall  be  best  quality,  extra  heavy,  cast 
brass,  not  less  than  four  and  one-half  (4%)  inches  long  and  2*4,  3/4  and  434 
inches  in  diameter  and  not  less  than  the  following  weights. 


Diameters.  Weights ■ — 

23 4 inches 1 pound 

3%  inches 1 pound  12  ounces 

4^  inches 2 pounds  8 ounces 


Soldering  Ripples.  Soldering  nipples  shall  be  heavy  cast  brass,  or  of 
brass  pipe,  iron  pipe  size.  When  cast  they  shall  be  full  bore  and  not  less  than 
the  following  weights : 


Diameters.  Weights 

ij4  inches  6 ounces 

1 1/2  inches  8 ounces 

2 inches  14  ounces 

2%  inches  1 pound  6 ounces 

3 inches  2 pounds 

4 inches  3 pounds  8 ounces 


Cleanouts.  Screw  caps  for  cleanouts  shall  be  extra  heavy  brass,  not  less 
than  one-eighth  (34)  of  an  inch  thick. 

The  screw  cap  shall  have  a solid  square  or  hexagonal  nut  not  less  than 
one  (1)  inch  high.  The  body  of  a cleanout  ferrule  shall  be  at  least  equal  iti 
weight  and  thickness  to  the  calking  ferrule  of  the  same  sized  pipe.  The  engag- 
ing part  shall  have  not  less  than  six  (6)  threads  of  iron  pipe  size,  and  be  tapered. 

Sec.  31.  Sheet  Lead.  Sheet  lead  for  the  roof  flashing  shall  not  weigh 
less  than  four  (4)  pounds  per  square  foot,  and  shall  extend  not  less  than  six  (6) 
inches  from  the  pipe  and  the  joint  shall  be  made  water  tight. 


SANITARY  PLUMBING  AND  EXAMINERS 


165, 

Sec.  32.  Copper.  Copper  tubing  when  used  for  inside  roof  conductors 
or  leader  connections  shall  be  seamless  drawn  tubing,  not  less  than  No.  fourteen 
(14)  B.  & S.  gauge,  and  when  copper  is  used  for  roof  conductor  or  leader  flash- 
ings, it  shall  be  not  less  than  No.  eighteen  (18),  B.  & S.  gauge,  and  for  local  vents 
and  interior  ventilating  pipes,  may  be  spiral  of  gauge  No.  twenty-six  (26). 

TITLE  V. 

JOINTS  AND  CONNECTIONS. 

Sec.  33.  Water  and  Air-Tight  Joints.  All  joints  and  connections  pre- 
scribed under  this  title  shall  be  made  gas  and  water-tight. 

Sec.  34.  Earthen  Ware  Pipes.  Joints  between  the  spigot  and  hub  shall 
be  half  filled  with  a gasket  of  oakum  and  the  joint  then  finished  with  a mortar 
made  of  one  (1)  part  best  Portland  cement  and  two  (2)  parts  of  clean,  sharp  sand, 
each  joint  shall  be  carefully  banked,  wiped  and  cleaned. 

Sec.  35.  Earthenware  to  Iron  Pipes.  Underground  joints  to  earthen- 
ware and  iron  pipes  shall  be  made  the  same  as  above  prescribed  for  earthenware 
pipe. 

Sec.  36.  Cast  Iron  Pipe.  All  joints  in  cast  iron  pipe  shall  be  made  with 
pure  lead,  well  caulked,  and  not  less  than  one  (1)  inch  deep,  and  no  paint,  varnish 
or  putty  will  be  allowed  until  the  joints  have  been  tested.  Oakum  or  some  other 
efficient  method  shall  be  used  to  prevent  the  lead  from  running  through  the  joint. 

Sec.  37.  Wrought  Iron,  Mild  Steel  and  Brass  Pipe.  Joints  in  galvanized 
iron,  mild  steel  or  brass  pipe  shall  be  standard  screw  joints  and  all  burrs  or  cut- 
tings shall  be  removed.  All  joints  shall  be  made  up  of  white  or  red  lead  or  min- 
eral paint. 

Sec.  38.  Wrought  Iron,  Mild  Steel  and  Brass  to  Cast  Iron.  Connections 
between  wrought  iron,  mild  steel  or  brass  and  cast  iron  shall  be  either  a calked 
joint  (Sec.  36),  or  a screwed  joint  (Sec.  37).  All  unions  used  on  the  sewer  side  of 
the  traps  shall  be  ground  faced  and  shall  not  be  concealed  or  enclosed.  No  slip 
joint  connection  will  be  allowed  on  the  sewer  side  of  the  trap. 

Sec.  39.  Lead  Pipe.  All  joints  between  lead  pipes,  traps  or  bends  and 
solder  nipples  or  ferrules,  or  joining  one  lead  pipe  to  another,  shall  be  wiped 
joints  made  with  plumber’s  wiping  solder  composed  of  one  (1)  part  pure  block 
tin  and  two  (2)  parts  of  pure  lead.  All  wiped  joints  shall  have  the  junction  of 
pipes  in  the  center  or  heaviest  part  of  the  joint,  and  there  shall  be  a thickness  of 
solder  of  at  least  three-eighths  (J^)  of  an  inch  at  this  point,  and  the  joint  shall 
be  of  a uniform  thickness  all  around,  with  edges  wiped  clean  and  smooth.  The 
length  of  wiped  joints  shall  not  be  less  than  one  (1)  inch  from  the  center  of  the 
joint  to  the  edge  of  same  on  all  sides. 

Sec.  40.  Lead  to  Iron  Pipes.  Joints  between  lead  and  iron  pipes  shall 
be  made  by  extra  heavy  cast  iron  or  drawn  screw  nipple,  and  either  with  a calked 
joint  or  a solder  nipple  with  a threaded  joint  or  approved  concaved  brass  bush- 
ings. 

Sec.  41.  Earthenware  With  Metal  Floor  Connections.  Fixtures  with 
earthenware  traps  connected  directly  with  soil  or  waste  pipes  shall  have  a solid 
brass  floor  plate  not  less  than  three-sixteenths  (3-16)  of  an  inch  thick,  soldered 
to  the  lead  bend  or  pipe,  and  screwed  to  the  floor  where  joints  are  of  wood,  and 
where  brass  or  iron  is  used,  screwed  to  the  same,  and  bolted  to  the  trap  fla/nge. 
Joints  shall  be  made  gas  tight  with  an  asbestos  graphite  ring,  asbestos  string 
gasket,  washer,  red  or  white  lead,  or  a perfect  screw  joint. 


SANITARY  PLUMBING  AND  EXAMINERS 


1 66 

In  wooden  joist  construction  the  connection  between  the  earthenware  and 
soil  pipe  shall  have  at  least  two  (2)  inches  of  lead  pipe  between  the  wiped  joint 
and  the  under  side  of  the  floor. 

Sec.  42.  Increasers  and  Reducers.  Where  different  sizes  of  pipe  or 
pipes  and  fittings  are  to  be  connected,  proper  size  increasers  or  reducers,  pitched 
to  an  angle  of  forty-five  (45)  degrees  between  the  two  (2)  sizes,  shall  be  used. 

Sec.  43.  Prohibited  Joints.  Any  fitting  or  connection  which  has  an  en- 
largement, chamber  or  recess  with  a ledge,  shoulder  or  reduction  of  the  pipe  area 
in  the  direction  of  the  flow  on  the  outlet  or  drain  side  of  the  pipe,  is  prohibited. 

Sec.  44.  Expansion  Bolts.  Connections  or  hangers,  pipe  supports  or  fix- 
ture settings  with  masonry  or  stone  backing  shall  be  made  with  expansion  bolts 
without  the  use  of  wood  plugs. 

TITLE  VI. 

TRAPS  AND  CLEANOUTS. 

Sec.  45.  A.  Traps — Where  Used.  Each  single  fixture  shall  be  separately 
trapped  by  a water  seal  trap,  placed  as  close  to  the  fixture  as  possible.  A set  of 
not  more  than  three  (3)  wash  trays  or  wash  stands,  or  a set  of  one  (1)  or  two 
(2)  wash  trays  with  sink  combined,  may  be  connected  with  a single  trap,  pro- 
vided the  trap  is  placed  central  and  the  branches  connect  into  the  seal  of  the  trap. 

B.  Kind  of  Traps.  Every  trap  shall  be  self-cleaning.  No  form  of  trap 
which  depends  upon  the  action  of  moveable  parts  for  its  seal  shall  be  used.  No 
trap  which  depends  upon  concealed  interior  partitions  for  its  seal  or  which  has 
an  interior  partition  that,  in  case  of  defect,  would  allow  the  passage  of  sewer  air, 
shall  be  used.  Traps  for  bath  tubs,  basins,  sinks  or  similar  fixtures  shall  be  made 
of  lead,  brass,  galvanized  iron,  or  of  iron  porcelain  enameled  inside.  Galvanized 
or  porcelain  enameled  iron  traps  shall  be  extra  heavy  full  bore,  and  have  a smooth 
interior  water-way  and  threads  tapped  out  of  solid  metal.  Iron  drum  traps  shall 
be  made  of  extra  heavy  cast  or  malleable  iron,  galvanized  or,  porcelain  enameled 
on  the  inside  and  the  drum  shall  not  exceed  four  (4)  inches  in  diameter.  Drum 
traps  shall  have  a water  seal  of  not  more  than  seven  (7)  inches  and  not  less  than 
two  (2)  inches.  Every  drum  trap  shall  be  so  installed  that  the  water  seal  will 
protect  the  trap  screw  from  sewer  air. 

C.  Water  Seal.  Each  trap  shall  have  an  interior  water  seal  of  not  less 
than  two  (2)  inches. 

D.  Cleanouts  and  Vent  Connections.  Each  trap,  except  those  in  com- 
bination with  fixtures  where  the  trap  seal  is  plainly  visible  and  accessible,  shall 
be  provided  with  a brass  trap  screw.  Traps  placed  between  the  floors  shall  have 
a brass  trap  screw  for  cleaning,  in  plain  view  or  flush  with  the  floor,  or  readily 
accessible  from  or  under  the  floor. 

E.  Trap  Levels  and  Protection.  All  traps  shall  be  rigidly  supported  and 
set  true  with  respect  to  their  water  level,  and  shall  be  so  located  as  to  protect 
their  seals. 

E.  Traps  Prohibited  on  Drains.  There  shall  be  no  trap  at  the  foot  of 
soil  or  waste  pipe  stacks  upon  the  house  drain  or  house  sewer  except  where  such 
drain  or  sewer  is  used  exclusively  for  conducting  rain  water  or  surface  water  to 
a house  drain  or  house  sewer,  excepting  a main  house  trap  will  be  permitted  on 
the  house  drain,  provided  a vent  pipe  is  taken  from  both  sides  of  the  trap,  the 
same  size  as  the  house  drain,  and  carried  separately  to  and  through  the  roof,  and 
located  as  for  roof  outlets. 


SANITARY  PLUMBING  AND  EXAMINERS 


167 


G.  Other  Waste  Fixtures  to  Water  Closet  Trap  Prohibited.  In  no  case 
shall  the  waste  from  a bath  tub  or  other  fixture  be  connected  with  a water  closet 
trap. 

H.  Overflow  Connections.  Overflow  pipes  from  fixtures  shall  in  each 
case  be  connected  on  the  inlet  side  of  the  trap. 

I.  Cellar  Drains.  Cellar  drains  will  be  permitted  only  when  they  con- 
nect to  a trap  with  a permanent  water  seal. 

Sec.  46.  A.  Cleanouts — Size.  Cleanouts  shall  be  the  same  size  as  the 
pipe  up  to  four  (4)  inches  in  diameter  and  not  less  than  four  (4)  inches  for  larger 
pipes  or  traps. 

B.  Where  Required.  Cleanouts  shall  be  provided  as  follows : At  the 

foot  of  all  vertical  lines  of  soil  pipe  and  at  the  end  of  each  horizontal  line.  The 
distance  betewen  the  cleanouts  shall  not  exceed  fifty  (50)  feet.  There  shall  be  at 
least  two  (2)  four  (4)  inch  cleanouts  provided  in  the  house  drain;  one  (1)  made 
with  a full  size  Y-branch  just  inside  the  wall  near  the  house  drain  and  the  house 
sewer  connection,  and  the  second  near  the  end  of  the  house  or  at  the  base  of  the 
soil  or  waste  stack.  Intermediate  cleanouts  may  be  made  with  T’s.  Any  vertical 
soil,  waste  or  vent  pipe  having  an  opening  readily  accessible  from  the  roof  and 
without  change  of  direction  in  its  entire  length,  shall  not  be  required  to  be  pro- 
vided with  a cleanout  other  than  at  its  base. 

C.  Manhole.  All  underground  traps  and  cleanouts  inside  of  a building, 
except  where  the  cleanout  traps  are  flush  with  the  cellar  floor,  shall  be  made  ac- 
cessible by  manholes  with  proper  metallic  covers  and  all  exterior  underground 
traps  with  inaccessible  cleanouts  shall  also  be  placed  in  manholes. 

D.  Location.  All  traps  and  cleanouts  shall  be  located  so  as  to  be  easily 
accessible  for  cleaning. 

TITLE  VII. 

GENERAL  REGULATIONS. 

Sec.  47.  Grade  of  Horizontal  Pipes.  All  horizontal  piping  shall  be  run 
in  practical  alignment  and  at  a uniform  grade  of  one-half  (V2)  inch  per  foot 
where  possible,  but  in  no  case  shall  the  grade  be  less  than  one-quarter  (34)  of  an 
inch  to  one  (1)  foot  for  the  soil  or  waste  pipes  and  house  drains,  suspended  by 
iron  hangers  upon  pins  or  posts  or  wall  ledges,  and  not  less  than  one-eighth  (3/6) 
of  an  inch  per  foot  for  vent  or  ventilating  pipes,  house  sewers  and  underground 
drains. 

Sec.  48.  Change  of  Direction.  All  drainage  and  plumbing  pipes  shall 
be  rigidly  secured  or  supported  to  keep  their  alignment  or  grade,  and  all  changes 
of  direction,  either  horizontal  or  vertical,  shall  be  made  with  the  appropriate  use 
of  Y’s,  half  Y’s,  sanitary  TY’s,  long  sweep  quarters,  sixth,  eighth  or  sixteenth 
bends,  with  short  nipples  where  screw  joints  are  used.  Increase  or- reduction  in 
size  shall  be  made  by  the  use  of  proper  fittings.  Every  vertical  line  of  soil  or 
waste  pipe  shall  have  no  less  than  eighteen  (18)  inches  of  iron  pipe  run  hori- 
zontally at  its  base. 

Sec.  49.  Prohibited  Fittings.  No  double  hub,  double  T,  or  sanitary  T- 
branch  shall  be  used  on  horizontal  runs,  nor  shall  double  hubs  or  straight  crosses 
be  used  on  a soil  or  waste  pipe.  Saddle  hubs  and  bands  are  in  all  cases  pro- 
hibited. 

Sec.  50.  Offsets  in  the  Mains.  Offsets  in  the  mains  of  all  stacks  shall  be 
avoided  if  possible  (except  as  prescribed  under  title  XI.,  Section  84),  but  when 


SANITARY  PLUMBING  AND  EXAMINERS 


1 68 

unavoidable  they  shall,  if  possible,  be  made  with  forty-five  (45)  degree  fittings. 

Sec.  51.  Dead  Ends.  In  the  installation  of  any  plumbing  system,  all 
dead  ends  in  pipes  shall  be  avoided. 

Sec.  52.  Drainage  Excavation.  All  excavation  required  to  be  made  for 
the  installation  of  a house  drainage  system,  or  any  part  thereof,  within  the 
walls  of  a building,  shall  be  open  trench  work.  All  such  trenches  shall  be  kept 
open  until  the  piping  has  been  inspected  and  approved. 

Sec.  53.  Relieving  Arches.  Where  pipes  pass  under  walls  the  same  shall 
be  placed  under  openings,  and  in  all  cases  where  pipes  pass  through  or  under 
walls  they  shall  be  provided  with  a relieving  arch  or  lintel. 

Sec.  54.  Stack  Supports.  All  free  standing  stacks  shall  be  thoroughly 
supported  on  concrete  or  masonry  piers  at  their  base,  and  those  forty  (40)  feet  or 
more  in  height  shall  be  provided  with  foot  rests  at  their  base  and  also  with  floor 
rests  or  supports  at  every  ten  (10)  foot  interval.  The  pipe  supports,  according 
to  their  location,  shall  be  either  with  heavy  iron  posts,  hangers,  wall  brackets  or 
steel  fittings,  concrete  or  masonry  piers ; provided  that  no  brick  piers  be  less  than 
eight  (8)  inches  square.  The  use  of  pipe  hooks  shall  be  prohibited  for  larger 
than  one  and  one-half  (1%)  inch  pipes. 

TITLE  VIII. 

HOUSE  SEWERAGE  AND  DRAINS. 

Sec.  55.  Independent  Systems.  The  drainage  and  plumbing  system  of 
each  new  building  or  new  work  installed  in  an  existing  building  shall  be  entirely 
separate  and  independent  of  that  of  any  other  building,  except  as  provided  in 
Section  56;  and  wherever  available,  every  building  shall  have  an  independent 
connection  with  a public  or  private  sewer. 

Sec.  56.  Exceptions  Permissible.  Where  one  building  stands  in  the  rear 
of  another  on  an  interior  lot,  and  no  private  sewer  is  available,  or  can  be  made 
for  the  rear  building  through  an  adjoining  alley,  court  or  driveway,  the  house 
drain  from  the  front  building  may  be  extended  to  the  rear  building  and  the 
whole  be  considered  as  one  house  drain. 

Sec.  57.  Connections  With  Cesspools.  When  a sewer  is  not  available, 
drain  pipes  from  buildings  may  be  connected  with  cesspools  or  receiving  vaults 
as  prescribed  in  Section  9,  Ordinance  149,  Sanitary  and  Health  Code ; provided, 
however,  that  no  water  closet  shall  be  connected  with  a leaching  cesspool. 

Sec.  58.  Old  House  Sewers  and  Drains.  Old  house  sewers  and  drains 
may  be  used  in  connection  with  new  buildings  or  new  buildings  only  when  they 
are  found,  on  examination  and  test,  to  conform  in  all  respects  to  the  require- 
ments governing  new  sewers  or  drains,  as  prescribed  in  this  code.  If  the  old 
work  is  found  to  be  defective,  the  Inspector  shall  notify  the  owner  to  make  the 
necessary  changes  to  conform  with  this  code. 

Sec.  59.  House  Drains  Under  Ground. — All  house  drains  shall,  when- 
ever possible,  be  brought  into  the  building  under  ground,  below  the  level  of  the 
basement  or  cellar  floor. 

Sec.  60.  Kind  of  Pipe.  All  house  drains  shall  be  of  extra  heavy  cast  iron 
pipe,  with  well  leaded  and  calked  joints,  or  where  house  drain  is  laid  under- 
ground, it  may  be  of  salt-glazed  terra  cotta  pipes,  with  joints  well  cemented. 

Sec.  61.  Drains  to  Curb.  When  there  is  no  sewer  accessible,  the  drain- 
age of  surface  inlets  and  rain  water  conductors  shall  be  drained  separately  to 


SANITARY  PLUMBING  AND  EXAMINERS 


169 


the  curb  line  where  practicable  by  drain  pipes  not  less  than  four  (4)  inches  in 
diameter,  and  discharge  into  the  public  gutter,  unless  otherwise  permitted  by  the 
proper  authority. 

Sec.  62.  House  Sewer.  The  drain  containing  the  house  sewer,  begin- 
ning three  (3)  to  five  (5)  feet  outside  the  building  wall,  shall  consist  of  cast  iron 
pipe  (see  Title  3,  Section  22),  or  of  earthenware  pipe  one  (1)  size  larger  only 
when  sanctioned  by  special  permit  from  the  Inspector.  They  shall  not  be  laid 
closer  than  three  (3)  feet  to  any  external  wall,  cellar,  well,  basement  or  cistern, 
or  less  than  two  (2)  feet  deep  (except  by  special  permit).  Change  in  direction 
shall  be  made  by  long  curves,  one-eighth  bends  or  Y’s. 

TITLE  IX. 

YARD,  SUBSOIL  AND  OTHER  DRAINS. 

Sec.  63.  Drainage  of  Yards  and  Areas.  When  yards  and  area  drains 
are  connected  with  the  house  drains  each  shall  be  effectively  trapped ; or,  the 
various  drains  from  the  yards  and  areas  may  be  connected  together  and  con- 
trolled by  a single  trap.  Traps  shall  be  installed  for  drains  which  connect  di- 
rectly with  a sewer  intended  to  carry  surface  water. 

Sec.  64.  Earthenware  Yard  Drains.  Barn,  stable  and  yard  drains  may 
he  of  earthenware  and  all  such  drains  connecting  with  a sewer  shall  be  trapped. 
No  earthenware  yard  drain,  or  drains  from  kitchen  sinks  shall  be  less  than  four 
(4)  inches.  Overflow  pipes  from  cisterns  shall  not  connect  with  any  house  drain. 

Sec.  65.  Subsoil  Drains.  Where  subsoil  drains  are  placed  under  the 
cellar  floor  or  used  to  encircle  the  outer  wall  of  a building,  the  same  shall  be 
made  of  open-jointed  four  (4)  inch  drain  tile.  Open-jointed  drain  tile  shall  be 
properly  trapped  before  entering  the  house  drain. 

Sec.  66.  Back  Pressure  Valves.  Where  a floor  or  open-jointed  drain  tile 
Is  connected  to  a house  sewer  or  drain,  each  floor  wash  or  connection  shall  be 
protected  from  back  pressure  by  a gate  or  back  pressure  valve. 

Sec.  67.  Exhaust,  Blowoff  and  Drip  Pipe  Connections.  The  exhaust, 
blowoff,  sediment  or  drip  pipe  from  a steam  boiler  shall  not  connect  directly  with 
any  sewer,  drain,  soil  or  waste  pipe.  Such  pipes  shall  discharge  into  the  top  and 
above  the  line  of  discharge  of  a suitable  closed  tank  or  condenser  made  of 
wrought  or  cast  iron,  provided  with  a relief  pipe,  of  at  least  three  (3)  inches  in 
-diameter  extending  to  the  outer  air  above  the  roof.  The  waste  from  said  tank  or 
condenser  shall  be  taken  from  the  bottom  and  shall  be  at  least  one  (1)  size  larger 
than  the  inlet,  but  not  less  than  three  (3)  inches  in  diameter,  and  provided  with  a 
trap  that  has  a seal  of  not  less  than  twenty-four  (24)  inches,  and  wherever  pos- 
sible shall  connect  to  the  house  sewer  and  not  to  the  house  drain. 

Sec.  68.  Hot  Water  Discharge  Prohibited.  Water  heated  to  over  one 
hundred  and  forty  (140)  degrees  Fahrenheit  shall  not  be  allowed  to  enter  any 
street  sewer,  drain  or  lateral.  When  blow-off  tanks  discharge  water  at  a higher 
temperature  they  shall  be  provided  with  a cooling  device. 

Sec.  69.  Elevator  Connections.  All  direct  connected  hydraulic  elevators, 
lift  or  pressure  machines  shall  be  provided  with  an  intermediate  tank  of  sufficient 
capacity  so  as  to  discharge  its  water  without  pressure  into  any  sewer,  drain,  soil 
or  waste  pipe.  Such  tanks  shall  be  trapped  and  where  there  is  danger  of  back 
pressure  from  the  sewer  there  shall  be  placed  on  its  outlet  side  a sewer  or  back 
water  valve. 


170 


SANITARY  PLUMBING  AND  EXAMINERS 

TITLE  X. 

ROOF  CONDUCTORS  AND  LEADERS. 


Sec.  70.  Conductors  Not  to  Connect.  The  metallic  conductors  or  roof 
leaders  or  down-spout  wastes,  and  the  surface  and  ground  water  drains,  wherever 
possible,  shall  be  connected  with  the  sewer,  but  they  shall  not  be  connected  to 
house  sewers  which  discharge  into  sanitary  sewers  intended  for  carriage  of  sew- 
age only. 

Sec.  7 1.  Inside  Conductors  and  Roof  Leaders.  When  placed  within  the 
wall  of  any  building  or  run  in  an  inner  court,  or  ventilating  or  pipe  shaft,  all  con- 
ductors and  roof  leaders  shall  be  constructed  as  prescribed  for  soil  pipe. 

Sec.  72.  Connections  With  Conductors  Prohibited.  Conductor  pipes 
shall  not  be  used  as  soil,  waste  or  vent  pipes,  nor  shall  any  soil,  waste  or  vent 
pipes  be  used  as  conductors. 

Sec.  73.  Defective  Conductor  Pipes.  When  any  existing  sheet  metal 
conductor  pipe  within  the  walls  of  any  building  becomes  defective,  such  conductor 
shall  be  replaced  by  one  which  conforms  with  this  code. 

Sec.  74.  Outside  Conductors.  When  outside  conductors  or  down-spouts 
of  sheet  metal  are  connected  with  the  house  drain,  they  shall  be  connected  by 
the  use  of  not  less  than  one  (1)  length  of  extra  heavy  cast  rion  pipe  extending 
vertically  at  least  four  (4)  feet  above  the  grade  line. 

TITLE  XI. 

SOIL,  WASTE  AND  VENT  PIPES. 

Sec.  75.  Material  Used.  All  main  and  branch  soil,  waste,  and  vent  and 
back  vent  pipes  shall  be  of  iron,  lead,  brass  or  copper;  except,  in  wooden  floor 
construction  with  ceiling  underneath,  only  lead  waste  pipe  shall  be  used. 

Sec.  76.  Soil  and  Waste  Pipe  Stacks.  Every  building  in  which  water 
closets  are  installed  shall  have  at  least  one  four  (4)  inch  soil  pipe  stack  extend- 
ing through  the  roof.  A three  (3)  inch  soil  stack  may  be  used  for  the  reception 
of  waste  from  water  closet  and  three  (3)  small  fixtures  or  one  (1)  water  closet  and 
slop  sink,  or  two  (2)  water  closets,  provided  that  there  is  one  four  (4)  inch  stack 
in  the  building  and  no  part  of  the  building  in  which  the  stack  is  placed  shall  be 
more  than  three  (3)  stories  in  height. 

Sec.  77.  Roof  Extensions.  All  soil  and  waste  pipes  receiving  the  dis- 
charge of  any  fixture  shall  be  extended  the  full  caliber  at  least  two  (2)  feet  above 
the  roof  and  at  least  five  (5)  feet  when  such  roof  is  used  for  other  purposes  than 
weather  covering  the  building.  In  no  case  shall  the  vent  pipe  through  the  roof  be 
less  than  four  (4)  inches  in  diameter.  Change  in  diameter  shall  be  made  by  long 
increaser,  and  at  least  one  (1)  foot  below  the  roof. 

Sec.  78.  Roof  Joints.  The  joints  at  the  roof  shall  be  made  water  tight 
by  the  use  of  proper  sheet  copper  or  lead  plate,  with  a sleeve  not  less  than  twelve 
(12)  inches  long  made  to  fit  the  pipe  tightly.  Plate  shall  not  be  less  than  one  (1) 
foot,  six  (6)  inches  square. 

Sec.  79.  Terminals.  The  roof  terminals  of  all  vent  pipes  shall  be  at 
least  three  (3)  feet  above  any  door,  window,  scuttle  or  air  shaft  when  located  at 
distances  less  than  twelve  (12)  feet  from  any  such  terminal. 

Sec.  80.  Terminals  Adjoining  High  Buildings.  No  soil,  waste  or  vent 
pipe  extension  of  any  new  or  existing  building  shall  be  run  or  placed  on  the 


* SANITARY  PLUMBING  AND  EXAMINERS  171 

outside  of  a wall,  but  shall  be  carried  up  in  the  inside  to  the  roof.  In  the  event 
that  a new  building  is  built  higher  than  an  existing  building,  the  owner  of  the 
new  building  shall  not  locate  windows  within  twelve  (12)  feet  of  any  existing 
vent  stack  on  the  lower  building,  unless  the  owner  of  such  new  building  shall  de- 
fray the  expense  of,  or  shall  himself  make  such  alterations  to  conform  with 
Section  79  of  this  title.  It  shall  be  the  duty  of  the  owner  of  the  lower  or  existing 
building  to  make  such  alterations  therein  upon  the  receipt  in  advance  of  money 
or  security  therefor,  sufficient  for  the  purpose,  from  the  owner  of  the  new  or 
higher  building,  or  to  permit  at  the  election  of  the  owner  of  the  new  or  higher 
building,  the  making  of  such  alterations  by  the  owner  of  the  said  new  or  higher 
building. 

Sec.  81.  Prohibited  Connections.  In  no  case  shall  any  fixture  connection 
except  water  closets,  pedestal  urinal  or  trap  standard  slop  sink  be  made  to  a lead 
bend.  No  vent  pipes  shall  be  used  as  a waste  or  soil  pipe. 

Sec.  82.  Branch  Soil  and  Waste  Extensions.  Any  vertical  branch  rising 
more  than  ten  (10)  feet,  or  any  lateral  branch  running  more  than  twenty-five 
(25)  feet  from  the  main  house  drain,  shall  be  continued  full  size  to  a point  above 
the  roof,  or  may  be  returned  to  the  main,  soil,  or  waste  vent  pipe  and  full  size. 

Sec.  83.  Vents — Length  from  Trap.  For  the  purpose  of  obtaining  a 
■direct  rising  vent  from  a vertical  waste  line  a fixture  trap  immediately  under  a 
small  fixture  waste  shall  be  placed  not  more  than  twenty-four  (24)  inches  from 
the  vertical  waste  and  vent  line,  measured  between  the  center  of  the  waste  outlet 
of  the  fixture  and  the  center  of  the  waste  and  vent,  provided  that  the  point  of 
entry  into  the  vertical  waste  line  is  not  lower  than  the  bend  of  the  trap.  For 
water  closets,  pedestal  urinals,  and  trap  standard  slop  sinks  the  distance  allowed 
between  the  waste  opening  in  the  floor  or  wall  and  vent  or  back  shall  not  be 
more  than  twenty-four  (24)  inches  developed  length. 

Sec.  84.  Main  Vents.  All  main  vents  shall  be  run  undiminished  and  con- 
nected full  size  at  their  base  to  the  main  waste  or  soil  pipe  at  or  below  the  lowest 
fixture  branch  and  shall  be  extended  above  the  roof.  They  may  be  connected 
with  the  adjoining  soil  or  waste  vent  pipe  three  (3)  feet  above  the  highest  fixture 
opening,  but  this  will  not  be  permitted  where  there  are  fixtures  on  more  than  six 
(6)  floors  unless  the  size  of  the  pipe  be  increased  in  diameter  to  the  combined 
area  of  the  main,  soil  and  waste  vents  to  be  served. 

Sec.  85.  Circuit,  Loop  and  Continuous  Vents.  Every  branch  soil  or 
waste  pipe  to  which  a group  of  two  (2)  and  not  more  than  eight  (8)  water 
closets,  pedestal  urinals  or  trap  standard  slop  sinks  are  connected  may  be  vented 
by  a circuit  or  loop  vent,  provided  that  such  horizontal  branch  does  not  exceed 
twenty-five  (25)  feet  in  length,  and  the  fixtures  are  within  the  prescribed  twenty- 
four  (24)  inch  limit  from  the  branch  forming  the  circuit  vent.  Connections  from 
such  branch  shall  be  taken  from  Y or  TY  branches.  The  vent  shall  be  taken  off 
in  front  of  the  last  fixture  connection,  and  must  rise  at  an  angle  of  forty-five  (45) 
degrees  to  vertical  to  a point  six  (6)  inches  above  the  top  of  the  highest  fixture 
before  offsetting  horizontally  or  connecting  to  the  branch,  main,  waste  or  soil 
vent.  Where  fixtures  discharge  above  such  branch,  each  branch  shall  be  pro- 
vided with  a relief  vent  one-half  (%)  the  diameter  of  the  soil  or  waste  stack 
taken  off  in  front  of  the  first  fixture  connection  and  rise  at  an  angle  of  forty-five 
(45)  degrees  to  vertical  to  a point  six  (6)  inches  above  the  top  of  the  highest 
fixture  before  being  offset  horizontally  or  connecting  to  the  branch,  main,  waste 
or  soil  vent.  The  main  soil  or  waste  stack  shall  be  offset  at  every  fourth  story 
containing  fixtures,  immediately  below  the  branch,  main,  soil  or  waste  connection. 
The  soil  and  waste  pipes  shall  conform  to  the  sizes  prescribed  under  Title  3, 
Section  22.  The  main  vent  pipes  shall  conform  to,  and  the  branch  vent  pipes 


SANITARY  PLUMBING  AND  EXAMINERS 


172 

shall  be  one  (1)  full  size  larger  than  the  sizes  prescribed  under  Title  3,  Section  24- 

Sec.  86.  Branch  and  Vent  Connection.  All  branch  and  back  vent  pipes 
shall  be  free  from  drops  and  sags  and  be  so  graded  and  connected  as  fo  drip  back 
to  the  soil  or  waste  pipe  by  gravity.  On  horizontal  runs  such  connections  shall 
be  taken  off  above  the  center  lines  as  near  the  crown  as  possible  and  rise  above 
such  crowns  before  being  offset  horizontally.  Horizontal  vents  below  waste  lines 
of  the  fixture  to  be  served  shall  be  offset  to  vertical  at  the  nearest  partition  and: 
the  vertical  run  shall  not  be  connected  less  than  six  (6)  inches  above  said  fixture. 

Sec.  87.  Common  Vents  for  Fixtures.  Where  bath  rooms,  water  closets 
or  other  fixtures  are  located  on  opposite  sides  of  a wall  or  partition,  or  are  di- 
rectly adjacent  to  each  other  in  an  inseparable  dwelling,  such  fixtures  may  have 
a common  soil  or  waste  pipe  and  vent  pipe  stack. 

Sec.  88.  Traps  Back  Vented.  Every  fixture  trap  shall  be  protected  from 
syphonage  and  back  pressure  and  air  circulation  assured  by  means  of  a vent  or 
back  vent  pipe. 

Sec.  89.  Back  Venting  Water  Closets.  No  earthenware  fixture  with  trap 
combined  shall  be  provided  with  a back  vent  horn.  Every  water  closet,  pedestal 
urinal  and  slop  sink  having  floor  connection,  shall  be  back  vented  from  the  soil 
or  waste  branch  and  preferably  on  thg  top  of  the  branch.  When  connected  with 
a vertical  arm  of  a bend  it  shall  be  made  above  the  top  of  the  horizontal  branch. 

Sec.  90.  Back  Vents  Not  Required.  A.  Where  two  (2)  water  closets 
located  on  the  same  floor,  discharge  into  a double  sanitary  T or  TY,  in  a soil  or 
waste  pipe  stack  they  need  not  be  back  vented  if  such  fixtures  do  not  exceed  the 
three  (3)  foot  limit  without  other  fixtures  above  them. 

B.  When  two  (2)  fixtures  other  than  water  closets  discharge  into  a 
double  sanitary  T or  TY,  and  there  are  no  other  fixtures  discharging  above 
them,  said  fixtures  may  be  back  vented  through  a common  vent  or  back  vent  pipe. 

C.  No  back  vents  shall  be  required  on  a back  water  trap  or  sub-soil 
catch  basin  trap. 

D.  The  waste  from  a bath  tub,  basin  or  sink  may  be  connected  to  a Y or 
TY  fitting  between  the  closet  bend  and  the  stack  without  reventing  the  closet 
bend,  providing  there  are  no  other  fixtures  discharging  above. 

E.  Cellar  floor  drains  connecting  to  the  house  drain  in  front  of  a soil  or 
waste  stack  and  provided  with  a trap  that  has  a water  seal  of  not  less  than  three 
(3)  inches,  or  discharges  into  the  inlet  side  of  a down-spout  trap,  need  not  be 
back  vented. 

Sec.  91.  Location  of  Fixtures.  No  trapped  plumbing  fixtures  shall  be 
located  in  any  room  or  apartment  that  does  not  contain  a window  placed  in  an 
external  wall  of  the  building  or  is  not  provided  with  a system  of  ventilation. 
Compartments  containing  not  more  than  four  (4)  water  closets  or  their  equiv- 
alent shall  be  located  in  an  apartment  containing  windows  placed  ifi  the  external 
wall  of  the  building  or  shall  be  provided  with  a mechanical  system  of  ventilation 
which  will  change  the  air  at  normal  temperature  at  least  six  (6)  times  per  hour. 
Compartments  containing  more  than  four  (4)  water  closets  or  the  equivalent 
shall  be  located  either  in  a compartment  containing  windows  and  provided  with 
a gravity  or  mechanical  system  of  ventilation  which  will  change  the  air  at  normal 
temperature  not  less  than  six  (6)  times  per  hour,  or  may  be  placed  in  a compart- 
ment without  windows  in  the  external  wall  of  the  building,  providing  a mechan- 
ical system  of  ventilation  is  installed  which  will  change  the  air  at  normal  temper- 
ature not  less  than  six  (6)  times  per  hour.  Ventilation  from  toilet  rooms  shall  be 
separate  and  distinct  and  have  no  connection  whatever  with  the  other  ventilating 
dues  in  the  building. 


SANITARY  PLUMBING  AND  EXAMINERS 

TITLE  XII. 


173 


REFRIGERATOR,  SAFE  AND  SPECIAL  WASTES. 

Sec.  92.  Refrigerator,  Safe  and  Special  Wastes.  No  plumbing  fixtures 
except  a bar  sink,  dental  or  fountain  cuspidor,  soda  fountain,  or  drinking  foun- 
tain shall  be  installed  with  an  indirect  waste  connection  to  the  plumbing  and 
drainage  system.  The  waste  of  every  bar  sink,  dental  or  fountain  cuspidor,  soda 
fountain,  and  drinking  fountain,  if  not  directly  connected,  shall  discharge  over  a 
properly  water-supplied,  trapped  and  vented  sink,  or  may  discharge  into  a cellar 
floor  drain.  The  size  of  the  waste  pipe  shall  conform  to  the  table  in  Title  3,  Sec- 
tion 22.  Each  fixture  opening  shall  be  separately  trapped.  No  back  vents  shall 
be  required,  but  when  fixtures  have  a common  waste  pipe  and  are  not  located  on 
or  above  the  second  floor,  the  waste  pipe  shall  be  extended  through  the  roof. 
Floor  drains,  safe,  safe  refrigerator,  and  ice  box  waste  pipes  shall  be  installed 
with  an  indirect  connection  to  the  plumbing  and  drainage  system.  They  shall 
discharge  over  a properly  water-supplied  trap  and  vented  sink,  publicly  placed, 
and  not  more  than  four  (4)  feet  above  the  floor,  or  may  discharge  into  a cellar 
floor  drain.  In  no  case  shall  any  refrigerator  or  safe  waste  pipe  discharge  over  a 
sink  located  in  a room  used  for  living  purposes.  Each  fixture  opening  shall  be 
separately  trapped.  In  apartments,  flats,  lodging  and  tenement  houses  where  the 
refrigerator  waste  extends  through  more  than  two  (2)  stories,  the  waste  line  shall 
extend  through  the  roof.  The  branches  or  vertical  lines  shall  be  made  by  Y 
or  TY  fittings  and  cleanouts  provided  to  control  the  horizontal  part  of  the  waste 
pipe. 

Sec.  93.  Overflow  Pipes.  The  overflow  pipes  from  a water  supply  tank 
shall  not  be  directly  connected  with  any  drain,  soil  or  waste  pipe.  Such  pipe 
shall  discharge  upon  the  roof  or  be  trapped  into  an  open  fixture  and  discharge. 

Sec.  94.  Urinal  Safes.  Urinal  platforms  and  safes  shall  not  be  directly 
connected  with  any  drain,  soil  or  waste  pipe,  except  when  used  in  combination 
with  a urinal  floor  gutter.  The  outlet  of  such  gutter  shall  be  provided  with  a 
brass  strainer  with  arrangements  for  flushing  the  same  while  in  use.  If  such  safe 
waste  also  serves  as  a floor  waste  outlet  the  trap  shall  be  at  least  three  (3)  inches 
in  diameter. 

Sec.  95.  Kitchen  Wastes.  Kitchen  or  other  greasy  wastes  from  hotels, 
restaurants,  club  houses,  public  institutions  or  other  establishments  in  which 
much  cooking  is  done  or  other  greasy  wastes  obtained,  shall  be  intercepted  by  a 
catch  basin  or  grease  trap,  and  then  connected  to  the  house  sewer. 

Sec.  96.  Stable  and  Garage  Wastes.  All  liquid  wastes  from  barns,  sta- 
bles, garages,  manure  pits  and  stable  yards  shall  be  intercepted  before  entering 
the  sewer  by  a suitable  catch  basin,  properly  trapped.  Said  catch  basin  shall  be 
provided  with  a vent  not  less  than  four  (4)  inches  continued  through  the  roof. 

TITLE  XIII. 

FIXTURES. 

Sec.  97.  Materials.  All  receptacles  used  for  water  closets,  urinals  or 
otherwise  for  the  disposal  of  human  excreta,  shall  be  either  vitrified  earthen- 
ware, hard  natural  stone  or  cast  iron  white  porcelain  enameled  on  inside.  If  cast 
iron  is  used,  it  shall  be  enameled  or  painted  on  the  outside  with  at  least  three  (3) 
coats  of  non-absorbent  and  non-corrosive  paint. 


174 


SANITARY  PLUMBING  AND  EXAMINERS 


Sec.  98.  Water  Closet  Bowls.  The  bowls  and  traps  for  water  closets 
shall  be  made  in  one  (1)  piece  and  of  such  shape  and  form  as  to  hold  a sufficient 
quantity  of  water  when  filled  up  to  the  trap  overflow  so  as  to  completely  submerge 
any  matter  deposited  in  them  and  properly  flush  and  scour  the  soil  pipe  when 
the  contents  of  the  bowl  are  discharged. 

Sec.  99.  Visible  Trap  Seal.  All  water  closets,  pedestal  urinals  and  slop 
sinks  with  trap  combined,  shall  have  visible  trap  seals. 

Sec.  100.  Flushing  Rims.  All  water  closets  or  pedestal  urinals  shall  be 
provided  with  flushing  rims,  constructed  so  as  to  flush  the  entire  interior  surface 
of  the  bowl  thereof  with  water  as  prescribed  in  a subsequent  section  of  this  title. 

Sec.  101.  Open  Plumbing.  All  plumbing  fixtures  shall  be  installed  or 
set  free  and  open  from  all  enclosing  woodwork. 

All  pipes  from  fixtures  shall  be  run  to  the  wall.  This  does  not  include 
water  closets,  pedestal  urinals,  or  trap  standard  slop  sinks. 

Sec.  102.  Low-Down  Closets.  Water  closets  with  low-down  tanks  shall 
be  of  syphon  pattern,  provided  with  refilling  devices. 

Sec.  103.  Water  Closets  Prohibited.  Pan,  valve,  plunger,  offset,  wash- 
out, and  other  water  closets  having  invisible  seals  or  an  unventilated  space,  or 
the  walls  of  which  are  not  thoroughly  washed  at  each  discharge  are  prohibited. 
Long  hopper  water  closets  and  similar  appliances  shall  not  hereafter  be  installed, 
except  as  provided  in  Section  107.  The  provisions  of  this  section  shall  also  appl y 
to  the  dry  closets  system  or  other  system  of  closets  in  which  the  venting,  back 
venting  or  local  venting  is  to  be  otherwise  than  in  this  code  prescribed. 

Sec.  104.  Urinals.  All  urinals,  troughs  or  gutters  other  than  those 
heretofore  prescribed,  shall  be  constructed  of  materials  impervious  to  moisture 
and  that  will  not  corrode  under  the  action  of  urine.  When  floor  gutters  are  used 
as  urinals  the  gutters  shall  be  made  with  Portland  cement  or  other  impervious 
material  and  the  floor  and  the  walls  within  five  (5)  feet  of  such  gutters  shall  be 
made  equally  watertight  and  impervious. 

Sec.  105.  Wooden  Traps  and  Sinks.  Fixed  wooden  wash  trays  or  sinks 
are  prohibited  in  any  building  or  parts  of  buildings  designed  or  used  or  to  be 
used  for  human  habitation. 

Sec.  106.  Bath  Tubs.  No  new  copper  lined  wooden  bath  tubs  shall  be 
installed,  noi  shall  any  old  fixture  of  this  class  be  reconnected.  Any  defective 
bath  tub  condemned  by  the  Inspector  shall  be  removed. 

Sec.  107.  Frost  Proof  Closets,  Where  Permissible.  Frost-proof  closets 
may  be  installed  in  compartments  which  have  no  direct  connection  with  any 
building  used  for  human  habitation  or  occupancy.  The  soil  pipes  between  the 
hopper  and  the  trap  shall  not  be  less  than  four  (4)  inches  in  diameter,  and  shall 
be  either  lead  or  cast  iron. 

Sec.  108.  Water  Supply  to  Fixtures.  All  water  closets,  urinals  and  other 
plumbing  fixtures  shall  be  provided  with  a sufficient  supply  of  water  for  flushing, 
to  keep  them  in  proper  and  sanitary  condition. 

Sec.  109.  Water  Closet  Supply.  No  water  closet  bowl  or  urinal  shall  be 
supplied  directly  from  the  water  supply  pipes,  excepting  anti-freezing  closets,  or 
by  an  improved  flushometer  valve.  Every  water  closet  or  urinal  bowl  shall  be 
indirectly  flushed  through  a flushing  tank  of  at  least  four  (4)  gallons  capacity 
for  each  water  closet  and  two  (2)  gallons  for  each  urinal.  The  tank  shall  be 
properly  supplied  with  water  and  the  flush  pipe  to  the  water  closet  or  urinal  shall 


SANITARY  PLUMBING  AND  EXAMINERS 


175 

be  at  least  one  and  one-quarter  (1%)  inches  in  diameter,  except  for  outside  hop- 
pers and  urinals. 

Sec.  no.  Flushing  Tanks;  Groups  of  Fixtures.  A group  of  urinals,  on 
the  same  floor,  subject  to  constant  use  as  in  schools  and  factories,  may  be  sup- 
plied from  one  (1)  tank,  if  provided  with  an  automatic  simultaneous  flush,  pro- 
vided that  each  individual  urinal  shall  receive  not  less  than  one  (1)  gallon  of 
water  at  each  flushing  and  the  discharge  is  of  such  force  as  to  cleanse  such 
individual  bowl  at  each  flush. 

Sec.  in.  Automatic  Flushing  Tanks.  All  urinals  having  either  inter- 
mittent or  automatic  flushing  devices  shall  be  flushed  at  regular  intervals  not 
to  exceed  (10)  minutes  during  the  hours  that  such  fixtures  are  in  use.  The  backs 
of  gutter  stalls  to  the  height  of  three  and  one-half  (3%)  feet  shall  be  kept  con- 
stantly moist  with  a proportionate  supply  of  water  while  in  use. 

Sec.  1 12.  Urinal  Troughs  and  Gutters.  Urinal  troughs  and  gutters 
shall  be  flushed  either  by  an  automatic  flushing  tank  the  same  as  required  for  in- 
dividual urinal,  or  may  be  flushed  by  a direct  water  supply  through  a brass  pipe 
carried  the  full  length  of  the  trough,  perforated  every  two  (2)  inches. 

Sec.  1 13.  Flushing  Tanks.  All  valves  of  flushing  tanks  shall  be  so  fitted 
and  adjusted  as  to  prevent  the  waste  of  water.  The  water  from  flushing  tanks 
shall  be  used  for  no  other  purposes. 

TITLE  XIV. 

Tests. 

Sec.  1 14.  Nature  of  Tests.  All  piping  of  a drainage  or  plumbing  system 
shall  be  given  two  (2)  tests  by  the  plumber  in  charge ; first,  the  roughing-in  with 
water,  smoke  or  air  test ; second  and  final,  with  smoke  in  the  presence  of  the  In- 
spector. 

Sec.  1 15.  Material  and  Order  of  Tests.  The  material  and  labor  for  the 
tests  shall  be  furnished  by  the  plumber.  The  tests  shall  be  made  in  the  following 
order:  First,  the  house  drain;  second,  the  soil  and  waste  vents  and  all  vertical 
piping ; third,  the  final  on  the  whole  system.  The  first  and  second  tests  may  be 
combined. 

Sec.  1 16.  House  Drain.  The  house  drain  shall  be  tested  with  water,  air 
or  smoke  test.  The  water  test  shall  have  a ten  (10)  foot  head  of  water,  and 
the  smoke  and  air  test  a five  (5)  pound  pressure.  All  alterations,  repairs  or  ex- 
tensions which  shall  include  more  than  ten  (10)  feet,  shall  be  inspected  and 
tested. 

Sec.  1 17.  Stable,  Garage  and  Yard  Drains.  For  a stable,  garage  or  any 
part  of  a stable  the  same  tests  and  inspection  of  the  plumbing  and  drainage  sys- 
tem thereof  shall  be  made  as  in  the  case  of  an  ordinary  dwelling. 

Sec.  1 18.  Conductor  Pipes.  Conductor  pipes  and  their  roof  connections 
within  the  walls  of  buildings,  or  conductor  branches  on  the  outside  system  where 
such  branches  connect  with  the  house  drain  or  are  less  than  three  (3)  feet  from* 
the  wall  of  the  building  shall  be  tested  by  the  water  test.  Conductor  branches 
on  the  outside  system  may  be  tested  with  the  house  drain  as  in  Section  116. 

Sec.  1 19.  Covering  of  Work.  No  part  of  any  plumbing  or  drainage 
system  shall  be  covered  until  it  has  been  inspected,  tested  and  approved. 

Sec.  120.  Fixtures — Final  Tests.  When  a plumbing  or  drainage  system 
is  completed  and  the  water  is  turned  on  and  the  traps  filled,  it  shall  be  inspected 


176  SANITARY  PLUMBING  AND  EXAMINERS 

and  tested.  When  the  location  or  style  of  any  fixture  is  changed  it  shall  be  in- 
spected. 

Sec.  12 1.  Water  and  Air  Test.  Soil,  waste,  vent  and  inside  conductor 
pipe  stacks,  and  all  known  as  “rough”  work  between  the  house  drain  connections 
to  points  above  the  finished  floors  and  beyond  the  finished  face  of  walls  and 
partitions,  shall  be  tested  with  the  water,  air  or  smoke  test  when  the  whole  stack 
is  completed  and  topped  out  above  the  roof.  The  water  test  shall  be  applied  by 
closing  the  opening  at  the  outlet  end  of  the  house  drain  and  all  openings  in  the 
piping  with  proper  testing  plugs  to  the  highest  opening  above  the  roof,  and 
completely  filling  the  system  with  water ; the  water  column  to  be  left  standing  at 
least  fifteen  (15)  minutes,  if  the  water  level  remains  constant  such  time  the  sys- 
tem shall  have  been  acceptably  tested.  When  water  is  not  available  or  when 
there  is  danger  of  freezing,  the  air  or  smoke  test  shall  be  used  with  a pressure  of 
five  (5)  pounds,  using  an  open  mercury  gauge  with  ten  (10)  inches  of  mercury. 

Sec.  122.  Smoke  Test.  The  drainage  systems  of  all  new  buildings  and 
all  new  soil,  waste  or  vent  stacks  hereafter  installed  in  existing  buildings  shall  be 
given  their  final  test  with  smoke.  The  smoke  machine  shall  be  connected  to  any 
suitable  opening  or  outlet  in  the  system,  and  when  the  System  is  completely  filled 
with  dense  and  pungent  smoke,  and  the  openings  emit  smoke  they  shall  be  closed 
and  an  air  pressure  equivalent  to  one  (1)  inch  water  column  shall  be  applied 
and  left  standing  ten  (10)  minutes.  If  there  is  no  leakage  or  forcing  of  trap 
seals,  the  system  shall  be  deemed  air  or  gas  tight.  But  nothing  in  this  section 
shall  be  so  construed  as  to  prevent  the  removal  of  any  cleanout,  or  unsealing  of 
traps  to  ascertain  if  the  smoke  has  reached  all  parts  of  the  system. 

Sec.  123.  Smoke  Test  Imperative.  The  smoke  test  shall  be  used  in  test- 
ing the  sanitary  conditions  of  the  drainage  or  plumbing  system  of  all  buildings, 
where  there  is  reason  to  believe  that  the  plumbing  system  has  become  dangerous 
or  defective  on  account  of  settling  of  the  buildings,  or  by  abuse,  accident  or  other 
cause. 

Sec.  124.  Defective  Work.  If  tests  show  defects,  the  defective  work  or 
material  shall  be  removed  within  three  (3)  days  and  the  test  again  applied.  In  all 
cases  the  Inspector  shall  designate  the  points  at  which  the  pressure  shall  be  re- 
lieved or  drawn  off. 

Sec.  125.  Repairs.  Tests  shall  not  be  required  after  repairing  or  re- 
placing any  old  fixture,  faucet  or  valve  by  a new  one,  to  be  used  for  the  same 
purpose ; forcing  out  stoppage,  repairing  leaks,  or  relieving  frozen  pipes  or  fit- 
tings ; but  such  repairs  or  alterations  shall  not  be  construed  to  include  cases  where 
new  vertical  or  horizontal  lines  of  soil,  waste,  vent  or  interior  leaders  or  conductor 
pipes  are  used  or  their  relative  locations  changed ; provided,  that,  in  the  building 
condemned  by  the  Inspector  because  of  the  insanitary  condition  of  the  house 
drainage  or  plumbing,  no  such  drainage  or  plumbing  shall  be  considered  as  com- 
ing under  the  head  of  repairs,  but  all  such  house  drainage  or  plumbing  shall  be 
installed  as  provided  for  in  new  buildings. 

Sec.  126.  Tests  Not  Required.  No  tests  or  inspections  shall  be  required 
where  a house  drainage  and  plumbing  system  or  part  thereof  is  set  up  for  exhi- 
bition purposes,  nor  shall  the  final  test  be  required  where  the  plumbing  is  placed 
in  an  outhouse,  stable  or  detached  building  used  exclusively  for  that  purpose. 


SANITARY  PLUMBING  AND  EXAMINERS 

TITLE  XV. 


1 77 


CATCH  BASINS. 

Sec.  127.  Yard  Catch  Basins.  Yard  catch  basins  which  receive  surface 
drainage  or  the  discharge  from  hydrants  or  waste  pipes  shall  not  be  less  than 
twelve  (12)  inches  in  diameter  and  have  not  less  than  a four  (4)  inch  trapped 
outlet  for  cleaning,  placed  below  the  frost  line.  Where  the  inlet  is  liable  to  injury, 
the  same  shall  be  provided  with  a heavy  cast  iron  frame  and  strainer  set  flush 
with  the  grade. 

Sec.  128.  Sub-Soil  Catch  Basins.  Sub-soil  catch  basins,  located  where 
the  water  fluctuation  is  such  that  a constant  water  seal  on  the  trap  outlet  is  not 
maintained  shall  be  located  outside  the  walls  of  the  building,  provided  with  a 
ball  cock  attached  to  the  water  supply  pipe  for  the  maintenance  of  such  seal.  The 
trapped  outlet  for  such  catch  basin  shall  be  formed  by  turning  a four  (4)  inch 
bend  or  invert  down  into  the  water  of  the  basin  to  within  six  (6)  inches  of  the 
bottom. 

Sec.  129.  Kitchen  Catch  Basins.  Catch  basins  for  receiving  kitchen 
wastes,  shall  be  constructed  water-tight,  either  of  brick,  concrete,  tile  or  cast  iron. 
If  of  brick,  tile  or  concrete  they  shall  be  at  least  twenty  (20)  inches  internal  diam- 
eter, and  be  finished  with  a stone  or  iron  cover. 

Sec.  130.  Kitchen  Catch  Basins,  Inverts  and  Traps.  The  bottom  of  the 
catch  basins  shall  be  at  least  two  (2)  feet  below  the  four  (4)  inch  invert  of  the 
outlet  to  the  sewer.  The  outlet  shall  be  trapped  to  a depth  of  twelve  (12) 
inches  below  the  invert  of  the  outlet  to  the  sewer  to  prevent  the  escape  of  grease, 
by  a hood  or  trap  of  brick  and  cement  mortar  or  a hood  of  concrete  or  cast  iron. 
The  invert  of  the  inlet  to  the  catch  basin  for  kitchen  wastes,  shall  not  be  less  than 
two  and  one-half  ( 2^ ) feet  above  the  finished  bottom  of  the  catch  basin. 

TITLE  XVI. 

SUMPS  AND  EJECTORS. 

Sec.  131.  Drainage  Below  Sewer  Levels.  In  all  buildings  in  which  the 
whole  or  part  of  the  house  drainage  and  plumbing  system  thereof  lies  below  the 
crown  level  of  the  main  sewer,  sewerage  or  house  wastes  shall  be  lifted  by  ar- 
tificial means  and  discharged  into  the  house  sewer. 

Sec.  132.  Sumps  and  Receiving  Tanks.  All  sub-house  drains  shall  dis- 
charge into  a perfectly  air-tight  sump  or  receiving  tank  so  located  as  to  receive, 
the  sewage  by  gravity,  from  which  sump  or  receiving  tank  the  sewage  shall  be: 
lifted  and  discharged  into  the  house  sewer  by  pumps,  ejectors,  or  any  equally 
efficient  method.  Such  sumps  shall  be  either  automatically  discharged  or  be  of: 
sufficient  capacity  to  receive  the  house  sewerage  and  wastes  for  not  less  than 
twenty-four  (24)  hours. 

Sec.  133.  Ejectors  Vented.  The  soil  or  waste  pipe  leading  to  an  ejector 
or  other  appliance  for  raising  sewage  or  other  waste  matter  to  the  street  sewer 
shall,  where  a water  closet  or  closets  are  installed,  be  provided  with  a soil  or  vent 
pipe  not  less  than  four  (4)  inches  in  diameter  and  where  fixtures  other  than 
water  closets  are  installed  the  vent  pipe  shall  be  the  same  diameter  as  the  waste 
pipe. 


i7« 


SANITARY  PLUMBING  AND  EXAMINERS 


Sec.  134.  Motors,  Compressors,  Etc.  All  motors,  air  compressors  and 
air  tanks  shall  be  located  where  they  are  open  for  inspection  and  repair  at  all 
times.  The  air  tanks  shall  be  so  proportioned  as  to  be  of  equal  cubical  capacity 
as  the  ejectors  connected  therewith,  in  which  there  shall  be  maintained  an  air 
pressure  of  not  less  than  two  (2)  pounds  for  each  foot  of  height  the  sewage  is 
to  be  raised. 

Sec.  135.  Ejectors  for  Sub-Soil  Drainage.  When  sub-soil  catch  basins 
are  installed  below  the  sewer  level  automatic  water  ejectors  provided  with  a ball 
float  attached  to  the  main  water  supply  shall  be  used.  Such  ejectors  or  any  device 
raising  sub-soil  water  shall  discharge  into  a properly  trapped  fixture. 

Sec.  136.  Penalties.  Any  person  who  shall  violate  any  provision  of  this 
ordinance  shall,  upon  conviction  thereof,  be  punished  by  a fine  of  not  less  than 
ten  ($10.00)  dollars  nor  more  than  one  hundred  ($100.00)  dollars  or  by  imprison- 
ment in  the  City  Jail  for  not  less  than  one  (1)  nor  more  than  thirty  (30)  days  or 
by  both  such  fine  and  imprisonment  for  each  offense. 

Sec.  137.  This  ordinance  shall  take  effect  when  signed,  recorded  and 
published,  as  required  by  law. 

Passed,  Board  of  Commissioners,  March  31,  1915. 

Attest : J.  E.  CASSIDY, 

JAS.  J.  O’BRIEN,  City  Clerk.  Mayor. 


CIRCUMFERENCE  AND  AREAS  OF  CIRCLES. 


From  Y\  to  12. 


Diameter 

Circumference. 

Area. 

1 

inch 

3.9260 

1.2272 

1% 

a 

4-7I24 

1.7671 

2 

a 

6.2832 

3-1416 

2% 

a 

7-8540 

4.9087 

3 

a 

94248 

7.0686 

3V2 

«( 

10.9956 

9.6211 

4 

ii 

12.5664 

12.5664 

5 

it 

15.7080 

19.6350 

6 

a 

28.2744 

7 

ii 

21.9912 

38.4846 

8 

a 

25.1328 

50.2656 

9 

a 

63.6174 

10 

ii 

31.4160 

78.540 

11 

a 

34.5576 

95033 

12 

a 

376992 

113.098 

INDEX  TO  ORDINANCES  OF  THE 

CITY  OF  LEXINGTON 




GENERAL  CLASSIFICATION. 


Page 

Accounts 3 

Board  of  Health 5 

Buildings 28 

Coffee  Houses .. 60 

Dogs 42 

Electric  Wires 44 

Ice — Weighing  of 45 

Licenses  46 

Market  House  and  Market  Master 67 

Offenses  and  Punishments 70 

Officers  and  Employees 86 

Railroads * 105 

Second-Hand  Dealers 108 

Sewers 109 

Sidewalks 112 

Streets  118 

Tax  Bills 149 

Wards  of  City 150 

Appendix 153 


INDEX 


INDEX 


ACCOUNTS—  Sec. 

Auditor’s  duties  9,  10,  11 

Depository  for  city — how  money  paid 
for  and  receipted..., 7 


Employees  salaries — by  whom  certified  3 
Employees  salaries — how  made  out ...  1 

Fees  collected — Officers  to  report....  12 


Indebtedness  to  City — first  paid 9 

Monthly  pay  day 4 

Printing  bills — Clerk  to  certify 2 

Park  employees — paid  weekly 13 

Rejected  claims — statement  of 5 

Receipts — how  made  and  signed 6 

Receipts  by  Treasurer — published 

monthly  8 

Special  services — Mayor’s  orders 11 


Street  hands — regulating  payment  of . . 10 
BOARD  OF  HEALTH — Organization • 
Appointment — general  powers  and 


duties  14 

Licenses — members  exempt  from...  10,  14 

Meetings  and  special  meetings 6,  14 

Nuisances — duties  as  to  what  kind.. 2,  14 

What  to  suppress 14 

President — how  elected  4,  14 

Public  Charities  Committee 3,  14 

Secretary — preservation  of  records.  10,  14 
Vital  statistics — preservation  of... 9a,  14 

Health  Officer — appointment  5,  14 

Powers  and  duties  of 1,  15 

Personel — 

Chemist  and  Bacteriologist 2,  15 

Inspectors  of  food — how  selected. . .4,  15 
Physicians,  charity — appointment  and 

duties  of  5,  15 

Report  to  whom  5e,  15 

Salary 5f,  15 

Who  to  direct  work  of 5h,  15 

Sanitary  policeman — how  selected.  ..3,  15 

Schools — medical  inspection  of 7,  15 

Tuberculosis  Society — to  make  re- 
ports (Sub.  sec.  ic-6)  15 

Vaccine — who  to  supply 5c,  15 


Vaccine — who  to  supply  (Sub.  sec.  5c)  15 
Barber  Shops — regulating  conduct  of.  18 


Sec. 

Cesspools  — clean,  when  — regulating 
(Sub.  sec.  11 ) 22. 

Communicable  Diseases — 

Animals — how  city  veterinarian  to  re- 
port   14,  24L 

Books  and  magazines — when  not  to 

circulate  9,  24. 

Dead  bodies — burial  of — penalty.  ..3-4,  24 
Disinfected — when  premises  to  be.  .10,  24 
Examination  for — when  enforced. . .7,  24 

Hospitals  for — who  to  control 11,  24 

Hydrophobia — provisions  concern- 
ing   15,  24 

Isolation  of  persons  having... . .10-11,  24 

Penalty  16,  24 

Placard  on  front  premises — removal.2,  24 

Quarantine — enforcement  of  11,  24 

Report  by  physician  or  mid-wife  of 

infants’  eyes  1,  24 

School  children  having  — provisions 

for  8,  24 

Smallpox  on  premises — penalty 5,  24 

Tuberculosis — removal  of  case 13,  24 

Vaccination — provisions  for  6,  24 

Visitors  not  allowed  6,  24 

Food  Products — 

Adulterated  food,  quarantined — de- 
stroyed— penalty  3a 

Animals  for  slaughter — inspected 32 

Building  where  handled — requirements  28 

Cold  storage — definition 1,  29 

Labeled — goods  to  be 1,  29 

Goods — rules  for  handling  29 

Penalty  for  violating  ord 5,  29 

Contagious  diseased  person  not  to 

work  in  building  8-28 

Definition  of  food  1-28 

Employes  handling — rules  must  fol- 
low   5 & 6-28 

Inspection — duties  of  Health 

Officer 9 & 10-28 

Penalties  for  violating  ord 11-28 

Permits  to  sell — license  not  a permit.  31 
(Amended — see  appendix). 


INDEX 


Sec. 

Samples  for  examination — how  se- 
cured   33 

Slaughter  houses — inspection  of 32 

Sleeping  in  room  forbidden 7-28 

Garbage — 

Ashes,  bottles,  tin  cans,  etc.,  where  not 

deposited  2-20 

Garbage,  filth,  dead  animals,  etc., 

where  forbidden  5~20 

Manure  to  accumulate — forbidden. . .3-20 

Penalties  6-20 

Rubbish — premises  to  be  free  from.. 4-20 

Vessels  for  holding 1-20 

Milk  and  Milk  Products — 

Adulterated — not  to  be  sold 26 

Bacterological  count  — meaning  of 

words  2-26 

Bacterological  count— obj  ection — pro- 
ceedings   10-27 

Cans  and  receptacles — kept  clean... 3-27 
Not  removed  where  contagious  dis- 
ease   3-27 

Cattle — examination  and  testing  of 

(Sub  6b-c)  27 

Certified  milk — sale  of  5>  26 

How  examined  and  judged 9,  27 

Contagious  diseases — regulations  ...  5,  27 
Reports  of  when  in  dairyman’s  fam- 
ily   8,  27 

Among  cows — notice  of  6i,  27 

Cows — how  must  be  kept  6g,  27 

Cream  and  ice  cream — meaning  of 

words  3»26 

Dairyman’s  name  posted  where  milk 

sold  3,27 

Examinations — copy  furnished  to 

whom  9»  27 

Milkers — rules  must  follow 6f,  27 

Milking — how  done  6h,  27 

Penalty  for  violating  Sec.  27 12,2 7 

Permit  to  sell  required — how  ob- 
tained   1, 6, 27 

When  not  given  6d,  e,  27 

Samples — required  to  furnish 4,27 

How  taken  11,27 

Skimmed  milk — sale  of  4,  26 

Vehicles — owner’s  name  on 2,27 

Vessels  used  for  milk — kept  clean..  7,  27 

Nuisances — 

Defined — specific  acts — punishment...  16 
Engines  emitting  dense  smoke 363 


Person — Sec. 

Meaning  of  wo?rd  in  Ch.  2 35 

Privy  Vaults — 

Cleaned  and  filled  for  non-use — how. 7,  22 

When  and  by  whom 10,  22 

How  constructed  2,3,4,9,22 

Inspection  of  5-22 

License  tax  for — how  used 10,22 

Night  soil — hauling  of 10,22 

Penalties  14,  22 

Record  of — kept  by  Health  Of- 
ficer   10, 22 

Sewer — not  connected  with 6,22 

Sewerage — 


From  building — how  disposed  of 1,21 

Health  Officer  to  notify  delinquents.. 2,  21 


Penalty  3,21 

Sewer  defined  12,22 

Stables  for  Stock — 

Regulating  use  of — penalty 17 

Street  Cars — 

Cleaned  daily — penalty  19 

Tuberculosis — 

Instructions  to  patients  furnished. . .4,  25 

Penalty  8,25 

Premises  disinfected  after  death . . . . 5,  25 
Recovery  of  patient — when  released. 7,  25 
Reports  of — how  and  by  whom 

made  1,  25 

To  be  kept  secret 3,25 

Spread  of — who  to  observe  rules  to 

prevent  6,  25 

Sputum — exam:nation  of  2,  25 

Physician,  etc.,  to  register  and  re- 
ceive copy  of  law 1,  23 

Penalties  2,23 

BUILDINGS— 

Alleys — building  material  not  to  ob- 
struct   63 

Ashes — receptacles  for — how  built...  88 

Bond — before  beginning  work  on 37 

Buildings  in  fire  limits — kind  not  al- 
lowed   66 

Temporary  for  builder’s  use 67 

Prohibited — repairs  of  when  al- 
lowed   71 

Manner  of  determining  damage  to..  72 

Building  Inspector  — who  shall  be 
(See  also  appendix)  51 


INDEX 


Sec. 

Duties  and  qualifications  of — assist- 
ant   52,53,  60 

Cellars — unlawful  acts  concerning. . .289 

Chimneys  (see  Flues)  78 

Conflicting  ordinances  to  No.  515  re- 
pealed   100 

Cornices — provisions  concerning 65 

Dangerous  buildings — torn  down 4 2 

Electric  wiring — regulations — inspec- 
tion of  93,94 

Encroachment  on  streets — engineer 

to  act  38 

Fire  escapes — required  on  new  build- 
ing (see  Standpipes) 90 

Who  to  enforce  rules  as  to  45 

Fire  plugs,  etc. — obstructions  5 feet 

from  63 

Fire  places — regulating  76 

Fires — inspection  to  prevent  in  public 

building  101 

Fire  Chief  to  investigate  — powers 

and  duties  of  43 

Penalty  for  interfering  with 44 

Flues — provisions  concerning  73,  74 

Unsafe  to  be  made  safe 75 

Gas  Heaters — connections  of 95 

Rubber  tubing  not  allowed 95 

Gasoline — how  kept  in  buildings.  .389,  391 
Hearths — regulationg  construction  . . 77 
Inspection — when  to  be  made — no- 
tice— duties  61 

Powers  and  duties  of  Board — pub- 
lic buildings  IOI 

Egress  in  case  of  fire — as  to  safety 

of  101 

Insurance — provisions  concerning 50 

Kitchen  ranges — how  placed 98 

Moving  of — application  for,  required.  91 

Moving  Picture  Shows — 

Aisles  and  seats — how  provided 119 

Exits — how  arranged — doors  to  open 

outward  118 

Exterior  walls — kind  of  material....  117 

Fires — arrangement  to  prevent 120 

Other  building  not  connected  with 117 

Other  business  in  same  not  allowed..  1 17 

On  ground  floor 117 

Penalties  122 

Theaters,  when  must  conform  to  re- 
quirements   121 

Numbering  and  re-numbering — man- 
ner of 46, 48 


Sec. 


Penalty  for  failing  to  number 46 

Penalty  for  defacing  or  removing 

number  . 47- 

Obstructions  on  streets — lights  main- 
tained   64 


Oil  or  explosives  near  stairway  or 

exit  not  allowed  97 

Outhouses — kind  permitted — erection.  69 

Parapets — specifications  for — not  used 

for  dwellings  83 

Penalty  for  violating  Sections  36  to  40, 

inclusive  41 

Penalty  for  violating  Ord.  No.  515  . . 99* 

Permits — before  erecting  or  remov- 


ing   36,  56 

By  whom  issued  and  approved 36 

Unsafe  buildings  not  to  issue  from.  4a 

When  must  be  issued 57 

Applications  for — requisites  of 57 

Plans,  etc. — time  for  approval — rea- 
sons for  not 58- 

Notice  of  change  of  59, 

Printed  and  distributed — building 

code  to  be  55 

Roof — kind  not  allowed 70 

Rubbish,  hay  or  straw  (loose)  how 

kept  96 

Sewer — when  must  be  connected  with 

— Sub  1 21 

Sheds — kind  permitted — how  erected.  68 
Sidewalks — window  or  step  extending 

over  39 

Steps  leading  to  cellar  or  basement 

on  39 

Smokestacks — regulating  78 

Skylights — how  and  when  constructed  89 
Stables — distance  from  other  improve- 
ments— penalty  49 

Standpipes — buildings  required  on — 

construction  of  90- 

Steps  on  sidewalk — regulating — pen- 
alty   6 2 

Theaters,  Churches  and  Places  of  Pub- 
lic Assembly — 


Aisles,  steps,  etc-,  kept  clear 104,113 

Capacity  of  entrances  and  exits....  106 
Curtain — kind  of,  arrangement  of.. in 

Doors — how  shall  open 109,111 

Emergency  exits — how  provided . . . 107 
Fire  walls  between  stage  and  audi- 
torium   ..no 


INDEX 


Sec. 

Front  on  street — stage  in  rear — en- 
trance and  exits 105 

How  interior  arranged  for  egress..  103 

Lights — over  exits  115 

Moving  pictures — theater  to  con- 
form to,  when  121 

Number  of  floor  tiers  allowed 108 

Penalties  116 

Proscenium  walls 110,111 

Seats  and  aisles — regulation  of 113 

Stairways  and  passages — how  pro- 
vided   108 

Windows — how  provided  112 

Ventilators  in  attics — construction  of.  92 
Walls — kinds  and  construction 

of  79,80,81 

Dwelling  occupied  by  one  family. . . 82 

Supports,  not  to  be  of  wood 84 

Party  Walls — already  built — how 

used  85 

Openings  in,  how  made 86 

Recess  for  pipes,  how  made 87 

DOGS— 

That  bark  or  disturb  peace,  forbidden. 358 
A bitch  running  at  large,  when  for- 
bidden   291 

“Dog  fund” — money  to  be  put  in...  .128 
Dogs  that  bite  or  attack  persons,  for- 
bidden   292 

Empounding  without  right — penalty.  125 

Empounded — how  redeemed  126 

How  disposed  of  if  not  redeemed.  127 
Enticing  from  owner  to  empound, 

forbidden  129 

Hydrophobia,  when  danger  of — Mayor 

to  act  124 

License — amount  of — tag  furnished 

by  clerk  123 

Pound  keeper  to  make  reports 127 

Repealing  certain  ordinances 129B 

Running  at  large — regulating. 124 

When  to  be  empounded  and  by 

whom  125 

Vicious  or  dangerous,  how  kept 129A 

ELECTRIC  WIRING— 

All  other  wires  above  trolley  wires...  130 
Cross  bars  for  fire  alarm  wires  at 


poles  135 

“Cut-off  fuse  safety  wire”  for  con- 
nections   132 

Guard  wires — when  to  be  used... 133 


Sec. 

Penalty  134,  136 

Poles — quality  and  size  of 131 

Before  erection  of — what  to  do...  137 
Consent  for  erection,  when  to  be 
given  136 

ICE— WEIGHING  OF— 

Ice — when  5 lbs.  or  more  to  be 

weighed  139 

Penalty — amount — on  whom  imposed.  140 

Scales — wagons  to  have 138 

Test  of — who  to  make 138 

LICENSES — General  Provisions — 

Agents  subject  to  punishment 224 

Clerk — duties  as  to  141 

Coffee  Houses — General  law  not  to 

apply  to  225, 

Firm  or  partnership — each  member  to 

pay  141 

General  fund — collections  from — part 

of  223, 

License  year  141 

Other  trades,  etc. — when  not  to  ap- 
ply to  225, 

Part  of  year — how  taken  out 141 

Penalties — general  224 

Where  fine  not  paid 224. 

Persons — what  word  includes 141 

Posted — license  to  be — where 141 

Prosecutions — how  instituted  224 

Time  must  be  paid  141 

Transfer  of  license 141 

Treasurer — tax  paid  to  141 

LICEN SES — Particular  Occupations — 

Advertising  agents  182: 

Architects  177 

Athletic  Club 5,  222 

Attorneys  at  Law  197 

Auction  houses  168 

Auctioneers  142 


Automobiles  for  hire,  not  by  garage.  203, 
(Amended — see  appendix) 
Automobiles  and  garages  — penalty 


without  license  204 

Barber  shops  198 

Bill  posters  15a 

Billiard  and  poolrooms  195 

Blacksmiths  8,  222 

Bowling  alleys  197 

Boxing  and  wrestling  bouts 6,  222 

Brass  knucks  and  slung  shots 191 


INDEX 


Sec. 


Breweries  and  agents  for  166 

Brokers,  commission  19° 

Stock  I^7 

Live  stock  I43 

Merchandise  (Sub.  sec.  19)  222 

Candy  or  fruit  stand  on  street 197 

Cart  or  dray  *^9 

Carriage  shops  7>  222 

Cash  registers 2*  222 

Chattle  loan  companies— penalties.  199,200 

Chiropodist  J97 

Circus  or  menagerie  *93 

Cleaning  and  dying !6,  222 

Coal  and  fuel  yards  *8 7 

Cobblers  I0>  222 

Coca  cola  *^5 

Collection  Agency 4,  222 

Dance  Halls  *44 

Dentists  I97 

Drug  stores,  retail  *78 

Electrician  *97 

Exhibitions  indoors  *94 

Feed  stores  I7I 

Fish  dealers  I97 

Fish  stands  *79 

Flying  Dutchman  • • T49 

Furniture  wagons  *89 

Garages  202 

Groceries,  retad — wholesale  178 

Hotels  !53 

House  agents — real  estate 197 

House-to-house  agents  I3»  222 

Hucksters  211 

No  reduction  for  part  year 212 

No  license  required — when 213 

Ice — dealers  I5I 

Insurance  companies  196 

Investment  companies  175 

Junk  dealers — duties  to  minors 181 

Laundries  145 

Lightning  rods,  selling 155 

Lime,  sand  and  cement  yards 187 

Live  stock  brokers  143 

Livery  stables  154 

Lumber  yards  170 

Lunch  stands  on  wagons 214 

Movable — not  on  sidewalk 215 

Where  allowed — license  revoked, 

when  216 

Where  may  stand 217 

Push  carts  vending  fruit,  etc 218 

Mail  order  liquor  dealers 161 

Who  are 162,  163 


Sec. 

Selling  without  license — penalty 164 

Masseur  197 

Meat  stores,  retail  173 

Wholesale  174 

Medicine  vendors  221 

Merchant,  temporary  188 

Merchants’  liquor  license  156 

Commissioners  to  grant 157 

Number  restricted  157 

Amount  of  fee — how  paid 158 

Druggist  not  included  159 

Messenger  service 3,  222 

Milk  Wagons  189 

Night  hawks  and  vehicles  for  hire... 205 
Inspection  of  certificate  and  num- 
ber   206,  207,  208 

Lamps  kept  lighted  207 

License  refused — appeal  208 

Standing  on  street  forbidden 209 

Penalties  210 

Night  soil — hauling  201 

Oil,  retail  from  wagons  184 

Wholesale  dealers  in  192 

Omnibus  189 

Osteopath  197 

Packing  house  agents  14,  222 

Pawn  brokers  146 

Peddlers  180 

Photographers  148 

Physicians  197 

Pistol  i,222 

Printers  15,  222 

Publshers  — weekly  or  monthly 

papers  18,  222 

Daily  papers  1 7,  222 

Railroad  ticket  brokers 19 7 

Real  estate  brokers 12,222 

Restaurants  197 

Second-hand  dealers  147 

Shoe  shiners  11,222 

Shooting  gallery 197 

Skating  rinks  197 

Spring  wagon  189 

Stock  brokers  167 

Stock  yard,  public  172 

Stores — any  kind  178 

Street  vendors  of  fruit,  etc 197 

Surgeon  197 

Tailor  shops  9,  222 

Temporary  merchant  188 

Tenpins  or  bowling  alley  197 

Theaters  152 

Ticket  brokers,  theatrical 183 


INDEX 


Sec. 

Trading  stamps  169 

Transfer  wagon  189 

Trust,  Guaranty  Companies,  etc 176 

Vehicles  189 

Veterinary  surgeon  197 

Warehouses,  general  186 

Grain  185 

Tobacco  19,  222 

Water  or  sprinkling  cart 189 

Wholesale  business  178 

Wholesale  and  retail  combined 178 

Liquor  business  160 

LICENSES —Coffee  House— 

Affidavit  of  applicant  233 

Bond — conditions  of  234 

Clerk  to  issue — when  and  to  whom. . .229 
Closed  by  Mayor  when  riot  exists. . . .254 

Unlawful  to  sell  when  255 

Penalty  256 

Definition  of  Coffee  House  226 

Glass  in  front  238 

Hotels  excepted  232 

Infants  and  others — unlawful  to  sell 

to  240 

Not  to  enter 241,242 

Keeper  of — who  is  227 

Licenses  required  228 

Fee — amount — how  paid  235 

Fee  part  of  general  fund 236 

Assignment  and  transferable 237 

Operating  without,  penalty 251 

A privilege  only  252 

Music  not  allowed 244 

Number  limited  230 

Obstructions  to  view  not  allowed 239 

Open — when  not  to  keep  245 

Parts  of  city  where  liquor  not  to  be 

sold 257,  258,  259,  260 

Penalty  for  not  separating 229 

Penalties  for  violating  ordinance 248 

Posting  copy  of  ordinance,  where 247 

Protests  by  abutting  property  owners. 230 

Renewals  to  owner  231 

Repealing  other  ordinances 253 

Revoking  license — proceedings  for — 249 
Revoked  license — operating  after — 

penalty  250 

Separated  from  other  business 229 

State  University — not  allowed  near. . .261 

Certain  territory  near — revoked 262 

Penalty  for  operating  near 263 

Sunday,  closed  on  245 


Sec. 


Not  to  enter  on  243 

Clubs,  etc.,  forbidden 246 

Time  license  issued  for  235 

Transfers — how  made  230 

Women  not  to  enter — exception 241 

MARKET  HOUSE  AND 
MARKET  MASTER— 


Animals  or  fowls  alive  in  forbidden.  .274 
Buying  before  market  house  opened.. 281 

Fish,  sale  of  allowed  270 

Fowls,  alive  in,  forbidden  274 

Inspection  of  produce 277 

License  no  authority  to  sell  in 272 

Liquor,  forbidden  to  have  in 275 

Market  master,  election,  qualification 

and  bond  266 

Duties 268,  269,  271 

Opened  at  what  times 264 

Noises — Loud,  forbidden  in  276 

Regrating  or  forestalling  forbidden. . .281 

Rent — how  payable  265 

Renters — duties  of  283 

To  vacate,  when 273 

Renting  stalls — manner  of 267 

Rules — who  to  make — market  mas- 
ter’s duties  279 

Scales  used  in — tested  278 

Sidewalks  adjoining — not  to  sell  on.  284 
Sleeping  in,  or  loud  noise  in,  forbid- 
den   276 

Transfers — written  consent  required.. 282 

OFFENSES  AND  PUNISHMENTS— 

Animals,  cruelty  to  295 

Diseased,  selling  flesh  of,  forbid- 
den   351 

Fighting  forbidden  318 

Kill,  maim  or  poison 296 

Leaving  to  die  on  street 297 

Loose,  unlawful  to  sell  on  street 299 

Abusive  and  insulting  language 352 

Assessment,  failing  to  list  property 

for  334 

Ball,  playing  on  street  311 

Begging,  where  forbidden 333 

Bells,  ringing  in  streets 339 

To  animals  or  vehicles — exception.  .324 
Bicycles,  not  using  lantern  or  gong — 

speed — penalty  287 

On  sidewalks — forbidden  287 

Breach  of  the  peace 315 

Breckinridge  statue,  trespass  upon 305 


INDEX 


Sec- 


Sec. 


Cards  or  dice,  selling  to  minor 309 

Catch  basins,  leaving  open — penalty.. 288 

Throwing  what  into  unlawful 349 

Cattle,  at  large  or  trespassing 337 

Pound,  when  confined  in  337 

Driving  on  street,  regulating 381 

Cellars,  unlawful  acts  concerning. . .289 

Rubbish,  etc.,  in  or  on  premises 356 

Chicken  fights  3*8 

Chickens  or  fowls,  running  at  large.  .394 

City  limits  stones,  disturbing 316 

Clairvoyants  or  spiritualists  forbid- 
den   382 

Advertisement  of  383 

Coal,  unlawful  to  throw  off  wagon.. 345 
College  or  school  grounds,  trespass- 
sing on  326 

Concealed  deadly  weapons  346 

Confidence  man  or  thief,  where  not 


to  loiter 333 

Deadly  weapon,  concealed 346 

Disorderly  houses,  forbidden  323 

Conduct  290 

Disturbing  religious  worship 322 


Dogs,  harboring  those  that  disturb 


peace  and  quiet  358 

Fights,  forbidden  3J8 

When  not  to  run  at  large 291 

That  bite,  not  to  keep 292 

Doctors,  itinerant  forbidden  to  prac- 
tice   338 

Drugs,  poisonous,  regulating  sale  of.. 375 

Drunk,  fined  for  being 313 

Drunkard,  person  becoming  habitual.  .314 

Druggist,  how  may  sell  liquor 376 

Electric  light  wire  or  fixture,  interfer- 
ing with  300 

Engines,  sounding  steam  whistle, 

359,  360,  361,  362 

Emitting  dense  smoke  363 

When  Board  of  Health  to  Act 364 

Explosives,  how  shall  be  kept 344 

False  weights  302 

Fence  or  gate,  injuring  that  of  an- 
other   350 

Fish  vendors,  acts  of  forbidden 342 

Fine  not  paid,  confined  in  City  Jail. . .396 

Fire  alarm,  interfering  with 348 

Firemen,  when  bystander  to  assist. . . .329 

Interfering  with  329 

Fireworks,  discharging  in  city 377 

Selling  unlawful  378 

Fortune  telling,  forbidden 382 


Fruit  stands,  etc.,  forbidden  on  street 


or  sidewalk  384 

Gas  lamp  or  post,  injuring 300 

Gasoline,  how  kept  on  sidewalk 389 

How  kept  in  warehouses 391 

Glass,  wire,  tacks,  etc.,  throwing  on 

street  385 

Groceries,  meat  stores,  etc.,  closed  on 

Sunday 379 

Gun  or  pistol,  firing  in  city 301 

Gun  pojvder,  how  kept 344 

Hauling  hay,  straw,  etc.,  through 

streets  343 

Hay,  straw,  etc.,  permit  to  fall  on 

street  343 

Hogs,  forbidden  to  keep  in  city 365 

Horse  or  other  animal  acts  on  street 

forbidden  294 

Humane  Society,  police  to  assist 298 

Indecent  advertising — penalty  286 

Exposure  of  person  293 

Actions,  words  and  pictures 317 

Insulting  and  abusive  language 352 

Liquor,  sale  of  by  druggist 376 


Loitering  or  sleeping,  where  forbid- 


Manhole,  depositing  rubbish  in ; 

Material  belonging  to  city — carrying 


away  340 

Minor  on  street,  after  what  time  at 

night  366 

Duties  of  parent,  etc.,  as  to  367 

Police  to  arrest,  when 368 

Vagrant,  duty  of  Police  Judge 369 

Cards  or  dice,  furnishing  to 309 

In  house  of  ill-fame  310 

Sling-shot,  using  312 

Morphine,  opium,  etc.,  regulating 

sale  of  375 

Noises,  making  loud  in  street 339 

Noisy  demonstrations  in  places  of 

amusement  333 

Pavement  or  curbing,  injuring 388 

Peace,  breach  of  by  noises 315 

Peddler,  not  to  stop  on  street 332 

Penalty — where  none  other  pre- 
scribed   395 

Pipes,  damaging  what,  forbidden 321 

Pistol,  firing  in  city 301 

Poisonous  drugs,  sale  of  375 

Police  or  fireman’s  badge,  wearing 
forbidden  347 


INDEX 


Sec. 

Police  may  summon  bystander  to  as- 
sist   327 

Interfering  with  328 

Prisoners,  credited  by  50c  per  day 39 7 

Prostitutes,  associating  with  forbid- 
den   333 

Public  cisterns,  offenses  concerning .. 288 

Public  property,  damaging 303 

Railroad  train  in  motion,  jumping  on 

or  off  308 

Riding  or  driving — speed  forbidden... 294 

Rubbish  in  cellars,  regulating 356 

Duties  of  firemen  and  owners 357 

Shooting,  injuring  person  by 346 

Sidewalk,  street  or  alley,  building  on. 387 

Obstructing  by  congregating  on 319 

Placing  horse  or  vehicle  upon 392 

Bill  board  or  sign  on  373 

Signal  lamps,  about  unfinished  work. 340 
Slaughter  house,  distance  from  resi- 
dence   .' 336 

Slingshots,  minor  forbidden  to  use.. 312 

Snow — removal  from  sidewalk.., 386 

Spitting  on  sidewalk  or  public  place.  .370 
Notice  regarding,  put  up  where... 371 

Penalty  for 372 

Stables,  distance  from  street — permits. 353 

When  a nuisance — removal 354 

Penalty — who  punished  355 

Stones,  throwing  330 

Street  cars  in  motion,  on  steps  forbid- 
den   307 

Jumping  on  or  off  308 

Streets  or  sidewalks,  permanent  busi- 
ness on  384 

Obstructing  with  vehicle,  merchan- 
dise, etc 389,390 

Sweepings  from  stores,  not  to  put  on 

street  341 

Telephone  poles,  nailing  signs  on 373 

Traction  engines,  etc.,  forbidden  on 

certain  streets  393 

Trees — injuring  350 

Trespassing  on  or  damage  to  private 

property  304,  306 

To  public  property  303 

Upon  Breckinridge  statue 305 

In  or  loafing  in  certain  buildings. . .325 
Vacant  lots,  kept  clear  of  weeds,  rub- 
bish, etc 380 

Vagrant,  who  adjudged  to  be 331 

Minor 369 

Vegetables,  throwing  on  street  for— 


Sec. 

bidden  341 

Trees  or  shrubbery,  injuring 350 

Vehicles,  standing  on  street,  forbid- 
den   320 

Weeds  and  rubbish,  vacant  lots  clear 
of  380 

OFFICERS  AND  EMPLOYEES— 

Board  of  Commissioners,  general 

powers  and  duties 398,399 

Commissioner  of  Public  Affairs — 
Mayor  to  be,  powers  and  duties. 400,  412 
Commissioner  of  Public  Finance — 

powers  and  duties 401,402 

Commissioner  of  Public  Safety 404 

Commissioner  of  Public  Works 405 

Cimmissioner  of  Public  Property 406 

Commissioner  of  each  Department — 
additional  powers  and  duties, 

407,  498,  409 

Administrative  Functions  of  each  De- 
partment   401 , 41 1 

Assessment  by  block  map 425 

Assessor’s  salary 426 

Attorney,  city — salary  after  Janu- 
ary, 1916 424 

Back  Tax  Assessor 423 

Block  map,  change  of  owner  noted  on. 429 

Bonds  of  certain  employes 454 

“City  Building”— what  designated  as.  .414 

Delinquent  tax  collector 431 

Depository  of  city — how  fund  kept  by 

— bond  427 

Checks  and  warrants  on  — how 

drawn  428 

Employes,  positions  created — salaries. 41 5 

Finance  Department — extra  help 422 

Fire  Department— Officers,  positions, 

salaries  4^4.  473 

Classification  and  grades  of  fire- 
men   466 

Fire  Inspector — duties  4^5 

Grading — how  done 467,468 

Merit  system — rules  469 

Promotions  468,  470 

Jailer  and  assistant,  control  of  farm. . . .432 

Assistant’s  duties  438 

Appointment  of  439 

Feed  and  clothe  prisoners,  care  for 

city  property  1 434 

Oath  and  bond  required 436 

Prison  and  prisoners — charge  of 433 

Register,  to  keep  and  make  reports. 435 


INDEX 


Sec. 

Successor,  what  to  deliver  to 437 

Work  prisoners  at  city  quarry 440 

Meetings  of  Commissioners — time  and 

place  413 

Meter  inspector,  appointment  and 

qualifications  441 

Application  for  inspections — fees... 443 
Duties  and  reports 442 


Fees — when  refunded — new  meter.. 444 
Light  accounts  of  city,  to  pass  on.  .446 

Voltage,  variance  allowed — tests 447 

Police  Department  — officers,  posi- 
tions, salaries 458,473 

Classification  and  grade  of 459 

Dismissal  from  service 462 

Grading — how  done 460 

Machinist  462 

Merit  system  rules 461 

Merits  and  demerits,  what  are 462 

Promotions  463 

Police  and  Detectives — how  long  to 

hold  office  474 

Clerk  of — duties  480 

Fine — refusal  to  pay — penalty 478 

Number  of  detectives 479 

Politics  not  to  effect  qualifications.  .475 

Punishment — kinds  of  477 

Removal,  how  done  476 

Police  and  Fire  Department  officers — 

appointment  and  dismissals 471 

Bonds  required  of  481 

Duties,  general  472 

Pound  established — when  animal  con- 
fined in  449 

Animal  running  at  large  confined  in. 337 
Keeper  of — appointment,  bond,  du- 
ties and  fees 451,452 

Unlawful  for  others  to  confine  in.. 453 
Printing,  official  city — price  to  be  paid 

for 430 

Public  Library — Trustees  appointed 

for  455 

Powers  and  duties  of  Trustees 456 

Additional  appointments  of  Trus- 
tees   457 

Street  Sweeping  Superintendent — 

salary  421 

Supervising  Engineer  — duties  — sal- 
ary   448 

RAILROADS— 

Bell  of  locomotive — when  to  ring 489 

Overhead  railway  bridges,  height  of.. 482 


Sec. 

Copy  of  ordinance  given  company.. 485 

Height  raised  if  too  low  483 

Penalties  487 

Pillars  or  supports — not  in  streets.. 484 
Street  width  and  grade  furnished. . .486 

Speed  of  trains — penalties 488 

Street  crossings — duties  491 

Electric  lights  maintained  at 494 

Gate  required  at 492 

Train  standing  on — time  limit 493 

Whistle  or  discharging  steam — for- 
bidden   490 

Street  Railway — streets  allowed  on... 495 

Grade  of  street,  duty  as  to 495 

Guards  or  fenders 497 

Penalties  498 

Poles,  duties  concerning 496 


Streets,  repairs  of,  when  to  make. . .496 
SECOND-HAND  DEALERS— 

Records  and  reports  to  keep  and  make.499 
Who  considered  second-hand  dealers. 500 


Penalties  for  offenses  501 

Junk  dealers 502 

SEWERS— 

General  rules  for  constructing 503 

Acceptance  of  work 505 

Assessment — how  made 506,  507 

Bids  for  constructing — bond 504 

Costs,  city  not  liable  for 508 

Defined  (Sub.  sec.  12)  22 

Downspout,  unlawful  to  connect  with. 519 

Mayor  to  have  charge  of 519 

Garbage,  not  to  be  dumped  in 518 

Commission  or  mistake  of  official  not 

to  invalidate  ordinance 509 

Ordinances  in  conflict  repealed 520 

Tapping,  plumber  to  do 512 

Application  for,  what  shall  state 517 

Manner  of  515 

Penalty  for,  without  permit 514 

Permits  for — how  obtained 513,514 

Notify,  whom  to  5J6 


Ten-year  plan — law  applicable  to... 5 10 
SIDEWALKS— 


Bicycles  forbidden  on 287 

Business  on  384 

Chicken  coop,  etc.,  on,  forbidden 179 

Construction  of — general  provis- 
ions   521,522 

Assessments  for — lien 533 


INDEX 


Sec. 

Bids  for 527 

Contract  and  bond . .528 

Cost  of — how  paid — city  not  liable.  .525 
Error  of  official  not  to  effect  valid- 
ity of  ordinance  535 

Grade,  how  fixed  524 

Penalty  for  changing 538 

Inspection  and  acceptance  of 532 

Inspector — how  furnished  and  paid... 534 

Material  to  be  used 536 

Grass  plot — when  may  be  laid 537 

Old  brick  and  curbing — property  of 

owner  530 

Plans  for — Engineer  to  provide 526 

Repairs,  when  and  by  whom  made 539 

Holes  in  sidewalk  540 

Time  must  be  made 541 

Penalty  for  failure  to  repair 542 

Rights  not  waived  by  commissioners  543 

Rubbish,  removal  of  531 

Specifications  for  work 523 

Work,  when  begun — how  done 529 

Fish  stands,  not  to  be  on 179 

Fruit  stands  or  permanent  business  on.384 

Garbage,  filth,  not  deposited  on 5,  20 

Gasoline  pump — how  constructed  on.  .389 

Horse  or  vehicle  upon 392 

Loitering  or  sleeping  on  333 

Lunch  stand  on 214,215,216 

Snow,  removal  from  386 

Sweepings  from  stores  forbidden  on.. 341 

Signal  lamps,  etc.,  removing 340 

Steps  extending  over  or  to  cellar 39 

Vehicles  or  merchandise,  obstruct- 
ing   389,390 

Vegetable  matter,  unlawful  to  throw 

on  341 

Windows  extending  over 39 

STREETS  AND  ALLEYS— 

Private  Use  Of — 

Alleys — obstructing  with  building  ma- 
terial   63 

Animals,  selling  loose  forbidden  on. . .299 
Awning  or  shed  over — permit  re- 
quired   566 

Ball,  playing  on  forbidden  31 1 

Begging  on  street  forbidden 331 

Bells,  ringing  on  forbidden 339 

Buildings,  streets  or  widewalks,  use  of 

street  for  construction  of  575 

Buildings — portion  of  street  may  use 
for  62 


Sec. 

Cattle — regulating  driving  of  381 

Chicken  coops  , etc.,  not  to  put  on 

street  179 

Congregating  on  street 319 

Encroachment  on  alleys  forbidden  ...568 

Penalty  for 569 

Excavation  of — permit  required. . .36,  570 

Restored  to  proper  condition 571 

Applicant  for  to  make  deposit 571 

Fenced  in — how  572 

Replaced  in  what  time 573 

Brick  or  macadam — city  to  tear  up.  .574 

Bond  before  making  37 

Fish  stands — not  to  stand  on — penalty.179 
Fruit  stands  or  permanent  business  on.384 
Garbage  or  filth — not  to  be  deposited 

on  5,  20 

Hauling  hay,  straw,  etc.,  on — kind  of 

wagon  used  343 

Horses  or  other  animal — manner  of 

use  on  forbidden 294 

Loitering  or  sleeping  on 333 

Lunch  stand  on 214,215,216 

Noises,  making  loud,  in  street 339 

Obstructions  on — lights  about,  main- 
tained   64 

Obstructnig  by  congregating  on 319 

Peddler  or  vendor,  not  to  stop  on 332 

Railway  bridges  over — height  above.. 482 
Pillars  or  supports  not  allowed  on.  .484 

Riding  or  driving — speed  limit 294 

Signal  lamps,  etc.,  removing,  unlawful.340 
Stables — distance  from  street — regu- 
lating   353-4-5 

Superintendent  of  street  sweeping 421 

Sweeping  from  stores  on  streets  for- 
bidden   341 

Traction  engines,  etc.,  on  what  streets 

forbidden  393 

Vegetable  matter,  throwing  on  unlaw- 
ful   341 

Vehicles  standing  on  320 

Boxes  or  merchandise  on  forbid- 
den   389,390 

STREETS  AND  ALLEYS— 

Traffic  On — 

Rules  for  driving  (32  Rules) 544 

R.  1 — Slow-moving  vehicles. 

R.  2 — Meeting — how  to  pass. 

R.  3 — Overtaking — how  to  pass. 

R.  4. — Avenue  or  park  in  middle — 

how  to  pass. 


INDEX 


Sec. 

R.  5 — Turning  corners  to  right. 

R.  6 — Turning  comers  to  left. 

R.  7 — Crossing  street. 

R.  8 and  g — Stop — how  done  in  fire 
district. 

R.  io — Backing — when  allowed. 

R.  ii — Stopping — signal  to  be  given. 

R.  12 — Turning — when  and  how  sig- 
nal given. 

R.  13 — Crossing — signals  by  police. 

R.  14  and  15 — Right  of  way — who  shall 
have. 

R.  16 — Street  cars  have  right  of  way. 

R.  17 — Waiting  vehicle,  when  to  give 
way  to  others. 

R.  18 — Stopping  for  fire  engines  to 
pass. 

R.  19 — Street  cars  to  stop  for  fire  en- 
gines— when. 

R.  20 — Speed. 

R.  21 — Speed  in  crossing  street. 

R.  22 — Street  cars,  vehicles  to  stop  so 
as  not  to  injure  passengers 
on. 

R.  23 — Covered  vehicle  obstructing 

view,  forbidden. 

R.  24 — Cruelty,  to  horse  forbidden. 

R.  25- — Horse — not  to  annoy  with  whip, 
etc. 

R.  26  and  27 — Pedestrians,  rights  of. 

R.  28 — Vehicle — what  the  word  in- 
cludes. 

R.  29 — Horse — what  the  word  includes. 

R.  30 — Driver — what  the  word  in- 
cludes. 

R.  31 — Police — driver  to  obey. 

R.  32 — Penalty  for  disobeying  rules. 


Congested  district  defined  545 

Driver — defined  548 

Motor  vehicle — defined  549 

Bell,  hom  or  signal  device 556 

Driver — when  and  how  to  give 

signals  556 

Fee  for  registration  560 

Garages,  stable  or  alley — emerging 

from  563 

Interference  with  by  other  than 

owner  564 

Lamps — kind  of — when  and  how 

used  .557 

Muffler  or  silencer — provided  with. 558 
Penalty  565 


Registered  and  numbered — how. . . .559 


Sec. 

Registered  by  non-resident 554 

Standing — rules  concerning, 

561,  562,  564 

Street  cars — when  approaching 563 

Non-resident — when  to  register  mo- 
tor vehicle  554 

Pedestrians — how  to  cross  street 553 

Police  to  have  control  of  traffic 550 

Public  gathering — congested  traffic — 

rule  552 

Signals — kind  of  and  who  to  give 551 

Street  defined  546 

Traffic — moving  of  551 

Vehicle — defined  547 

Parking  on  certain  squares  allowed. .562 

STREET  IMPROVEMENTS — General 


Regulations  and  Specifications — 

Acceptance,  use  of  street  is  not 586 

Bids,  how  advertised  for  582 

How  made  and  what  to  contain...  .583 
Contract  and  bond — when  and  how 

made  584 

Concrete  foundation — care  of  604 

Cement  for  601 

Mixing  and  laying 604 

Sand  for  602 

Stone  for  603 

Thickness  600 

Cost — assessment  for — how  made 579 

Bonds  for,  when  not  paid  in  cash. . .579 

City  not  liable  for  580 

Collection  of — how  enforced 580 

Suit  for — when  city  to  bring 580 

Curb  and*gutter — cement  curb 672 

Cement  curb  and  gutter  combined.  .673 

Granite  curb  674 

Limestone  curb 675 

Gutter,  brick  676 

Cement  677 

General  provisions 671 

Definition  of  words  and  terms  used... 577 

Embankment — how  made  598 

Excavating  and  grading 597 

Extra  work — how  paid  for 594 

Gas,  water  and  sewer  pipe  connec- 
tions, regulating  588 

General  provisions  to  govern — excep- 
tions   576 

Grade — how  and  by  whom  fixed 578 

Header  stones — how  laid — kind  to  be 
used  605 


INDEX 


Sec. 

Injuring,  how  precautions  taken  to 

prevent  591 

Inspectors — employment  of,  how  paid. 592 
Materials — quality  of — regulations  — 589 

Measurements — how  made  590 

Old  material — how  disposed  of 581 

Ordinance — what  shall  not  invalidate. .595 
Rights  enumerated  not  to  exclude 

others  596 

Sub-grade — how  protected  599 

Tax  bills — when  and  how  made  out.. 593 

Travel  not  to  be  impeded 587 

Work — when  begun — how  done 585 

STREET  PAVING — Kinds  and  Types— 
Asphalt,  Sreet — Type  A — 

Asphalt — meaning  of  term  613 

Asphalt  cement — how  prepared 616 

Binder  course,  how  made  and  laid.  .611 
Combining  and  mixing  sand  and  as- 
phalt cement  619 

Filler — of  what  to  consist 618 

Flux — what  it  shall  be  615 

Foundation — provisions  that  apply.. 608 

General  provisions  606 

Header  stones  609 

Pavement — of  what  to  consist 610 

Refined  asphalt — how  made  614 

Sand — how  graded 617 

Sub-grade  607 

Wearing  surface — of  what  com- 
posed   612 

Asphalt,  Sheet — Type  B — 

Type  A provisions  to  govern — ex- 
cept   620 

Asphalt,  Sheet — Type  C — 

Type  A provisions  to  govern — 
except  621 


Asphalt  Block — 

Blocks,  how  laid 627,  629 

Compositions  of  628 

Foundation  624 

Header  stones 625 

Mortar  bed — of  what  composed 626 

Sub-grade  623 

General  provisions  622 

Asphalt  Binder — 

Bitumen — material  to  be  used 637 

Foundation — new  633 

Old  634 


Sec. 


General  provisions  630 

Header  stones  632 

Sub-grade  631 

Wearing  surface — Penetration 

method  635 

Mixing  method  636 

Brick  Paving — 

Bitmuinous  filler  648 

Cement  filler  647 

Expansion  joints  643 

Foundation  640 

General  provisions  638 

Handling  and  laying 645 

Header  stones  641 

Rolling  and  tamping  646 

Sand  cushion  642 

Sub-grade  639 

Wearing  surface 644 

Cement  Paving — 

Foundation  661 

General  provisions  659 

Header  stones  662 

Sub-grade  660 

Wearing  surface 663 

Granite  Block  Paving — 

Cement  filler  658 

Expansion  joints  657 

Foundation  651 

General  provisions  659 

Header  stones  662 

Sub-grade  660 

Wearing  surface 663 

Macadam — Type  A — 

Foundation  666 

General  provisions  664 

Sub-grade  665 

Wearing  surface  667 

Macadam — Type  B — 

General  provisions  668 

Sub-grade  669 

Wearing  surface 670 


Traction  Company — Parts  of  Streets 
to  Build — 

Brick  paving — specifications  for 679 

Bitulithic  paving — specifications  for  680 

General  provisions  678 

Ordinance  to  specify  kind  of  paving.681 


INDEX 


Sec. 

Ordinance  to  provide  under  what 


specifications  683 

Work  done  under  what  other  pro- 
visions   682 

TAX  BILLS— 

Collection  of  by  Contractor 686 

Contractor  may  have — when — form  of .685 

When  not  entitled  to  688 

Lien  not  waived 687 


Sec- 

Name,  when  corrected  by  Auditor. . .684 


WARDS  OF  CITY— 

City  divided  into  six  wards  689 

First  Ward  690 

Second  Ward  691 

Third  Ward  692 

Fourth  Ward 693, 

Fifth  Ward  694 

Sixth  Ward  69s 


I 


MEMORANDA 


' 


i 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


MEMORANDA 


UNIVERSITY  OF  ILLINOIS-URBANA 


3 0112  066943 


975 


